Understanding Florida Statues 901.151 & 901.36 in Alachua Police Department Encounter

Table of Contents:

1. Introduction
2. The Encounter with City of Alachua Police Department
   1. Arrival at San Felasco State Park
   2. Lack of Information about Park Hours
   3. Google Search for Park Hours
3. Understanding Florida Statutes
   1. Florida Statute 901.151 – Identification to Law Enforcement
   2. Florida Statute 901.36 – Prohibition against Giving False Name or False Identification
4. Exploring the Stop and Frisk Law
   1. Florida Stop and Frisk Law
   2. Purpose of Temporary Detention
5. Police Encounter Discussion
   1. Request for Identification
   2. Different Perspectives on the Situation
6. Highlighting the Importance of Following the Law
   1. The Role of Auditors in Accountability
   2. Recognizing the Constitutional Rights of Citizens
7. Personal Experience with Organized Surveillance Programs
   1. Targeted by Covert Surveillance
   2. Effects of Targeted Harassment
8. Conclusion

Encountering the Police at San Felasco State Park

In this article, we will explore a recent encounter with the City of Alachua Police Department at San Felasco State Park in Alachua, Florida. The individual involved was peacefully enjoying nature when confronted by law enforcement. The incident raises questions about the need to provide identification in such situations and highlights the importance of understanding the relevant Florida statutes.

Arrival at San Felasco State Park

The individual arrived at San Felasco State Park to spend an extended period of time enjoying nature. However, upon entering the park, they noticed a lack of information about the park's operating hours at the entrance. The only sign they encountered was related to entrance fees for group visits. This lack of information about park hours raised concerns and prompted the individual to conduct an online search for the park's operating hours.

Lack of Information about Park Hours

The individual's online search revealed that San Felasco State Park is reportedly open 24 hours a day, according to information found on Google. With this information in mind, the individual felt confident that they could stay in the park for an extended period without any issues. However, their confidence quickly turned to confusion and frustration when approached by law enforcement.

Google Search for Park Hours

During the encounter, the individual shared the details of their online search with the officer, emphasizing that according to their findings, the park should be open 24 hours. They expressed their surprise at the discrepancy between the officer's statement that the park closes at sundown and the information they had found online. This led to a discussion about the accuracy of the information and the need for clarification.

Understanding Florida Statutes

To address the legal aspects of the encounter, it is essential to examine the relevant Florida statutes related to identification and encounters with law enforcement officers. Florida Statute 901.151 focuses on the requirement to provide identification, while Florida Statute 901.36 discusses the prohibition against giving false identification.

Florida Statute 901.151 – Identification to Law Enforcement

Florida Statute 901.151 establishes that individuals are not obligated to provide identification to law enforcement officers if they have not committed a crime or are not being lawfully arrested. The statute emphasizes an individual's right to remain silent and explains that they are not legally obligated to provide any information unless required to do so under specific circumstances.

Florida Statute 901.36 – Prohibition against Giving False Name or False Identification

Florida Statute 901.36 makes it unlawful for a person who has been lawfully detained or arrested by a law enforcement officer to provide a false name or false identification. Violating this statute can result in misdemeanor charges. However, it is important to note that this statute does not impose an obligation on the suspect to provide identification to the arresting officer.

Exploring the Stop and Frisk Law

Another relevant statute to consider is the Florida Stop and Frisk Law, which allows law enforcement officers to temporarily detain individuals under certain circumstances. This law ensures officers have the authority to ascertain the identity of someone they reasonably believe has committed, is committing, or is about to commit a criminal offense.

Florida Stop and Frisk Law

The Florida Stop and Frisk Law authorizes law enforcement officers to temporarily detain individuals based on reasonable suspicion of criminal activity. The law requires officers to evaluate the circumstances surrounding the individual's behavior or presence and make an informed determination as to whether a criminal offense is likely taking place.

Police Encounter Discussion

The encounter at San Felasco State Park consisted of a discussion between the individual and the officer regarding the discrepancy between the park hours posted online and the officer's claim that the park closes at sundown. The officer initially expressed concern about the individual's presence in the park, considering it unusual for someone to be parked in a secluded area at night. The individual shared their perspective, highlighting their right to enjoy nature and their expectation that the park would be open based on the information they obtained online.

Request for Identification

During the discussion, the officer requested the individual's identification. However, the individual, citing Florida statutes, asserted that they were not under any legal obligation to provide identification unless they had committed a crime or were being lawfully arrested. The officer acknowledged this stance and ultimately respected the individual's decision not to provide identification.

Different Perspectives on the Situation

The encounter highlighted the different perspectives and interpretations of the situation. The individual believed they had done their due diligence by researching the park's operating hours online. However, the officer expressed the importance of ensuring public safety by making contact with someone parked in an unusual location at night. The incident served as a reminder of the need for clear communication and access to accurate information to avoid potential misunderstandings.

Highlighting the Importance of Following the Law

This encounter underscores the significance of law enforcement officers adhering to the laws and respecting individuals' rights. It also highlights the valuable role played by auditors in holding law enforcement accountable. While auditors often document and publicize encounters to ensure transparency, it is crucial to recognize the constitutional rights of citizens and the responsibilities of law enforcement officers to uphold those rights.

Personal Experience with Organized Surveillance Programs

The individual shared their experiences as a target of organized surveillance programs that involve covert surveillance, agent provocateurs, and coordinated harassment. These programs intrude upon a person's privacy and can have severe psychological effects. The individual called for greater awareness of these programs and emphasized the need for accountability to prevent harm to individuals under unwarranted scrutiny.

Conclusion

Encounters between individuals and law enforcement officers pose an opportunity to examine the balance between individual rights and public safety. By understanding the applicable statutes and exercising our rights responsibly, we can promote understanding, accountability, and respect in these interactions. It is essential for law enforcement officers to be aware of the laws they enforce and for individuals to be knowledgeable about their rights to foster a harmonious relationship between citizens and law enforcement agencies.