Florida law allows police to stop, detain, and arrest individuals under certain suspicious circumstances — even when no specific crime has occurred. One of the most commonly used and misunderstood charges in this category is loitering and prowling, governed by Florida Statutes § 856.021(2).
This statute can apply to nearly anyone, especially in public places late at night, near businesses, vehicles, or homes. And it's frequently used as a pretext to investigate further, especially in cases where officers suspect other crimes but lack clear evidence. Let's break down what the law actually says, how it's applied, and what you should do if you're facing a charge under this section.
What Does Florida Statutes § 856.021(2) Say?
Florida Statutes § 856.021(2) states:
"No person shall be arrested for a violation of this section unless the peace officer affords the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of a violation of this section if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern."
What this means is that before making an arrest for loitering and prowling, a police officer is required to do two things:
- Give you a chance to explain yourself, and
- Consider that explanation before making an arrest.
If your explanation is reasonable and clears up the suspicion, you're not supposed to be arrested or charged under this statute.
What Is "Loitering and Prowling"?
The statute doesn't define these terms clearly, which leaves a lot of room for subjective interpretation. But courts have generally held that loitering and prowling involve behavior that causes immediate concern for public safety, property, or peace.
Under Florida law, there must be:
- Behavior that is unusual, not typical of law-abiding citizens, and
- Circumstances that cause an immediate threat to public safety.
This is a two-part test. Just "hanging around" or walking in a certain place isn't enough. The behavior must go beyond normal activity and give police a reason to believe something criminal might be about to happen.
Real-World Examples of Loitering and Prowling Arrests
Here are some situations where police have used this statute to justify a stop or arrest:
- Someone is seen walking behind closed businesses late at night, looking into windows.
- An individual is found near parked cars in a residential area, appearing to check door handles.
- A person is spotted running through yards in a neighborhood without explanation.
- Someone is standing in the shadows or behind buildings, quickly walking away when spotted.
But these situations don't always justify an arrest — especially if the person gives a valid explanation. That's why police are legally required to ask for your identification and allow you to explain yourself before making the arrest.
Unfortunately, that doesn't always happen in practice.
Legal Problems with Loitering and Prowling Charges
The biggest issue with § 856.021 is that it's vague and can be abused. Police sometimes use it when they lack probable cause for other charges. It can be applied subjectively based on a person's location, clothing, time of day, or even attitude.
Another issue is that people are often arrested without being given a chance to explain themselves, which directly violates the statute. If that happens, your defense lawyer can argue that the arrest was illegal and ask the court to dismiss the charge.
This statute has also been used disproportionately against people in minority communities, homeless individuals, and others simply trying to go about their lives without committing any crimes.
What Should You Do If You're Charged?
If you're arrested for loitering and prowling, the worst thing you can do is try to argue your innocence at the scene. Instead:
- Stay calm.
- Provide your name if asked.
- Politely declined to answer other questions without a lawyer present.
- Don't argue or resist, even if the arrest feels unfair.
- Call a criminal defense attorney immediately.
Everything you say can be used against you later. And even though this is a misdemeanor charge, it can still show up on background checks, affect employment, or be used against you in future cases.
Why Hiring a Criminal Defense Lawyer Is So Important
People make the mistake of thinking a loitering and prowling charge is "just a minor offense." But that's not how the law treats it. A conviction under § 856.021 is a second-degree misdemeanor, punishable by:
- Up to 60 days in jail,
- Up to 6 months of probation, and
- A $500 fine.
And that's just for the charge itself. What's more concerning is that a loitering and prowling stop often leads to other charges — such as drug possession, resisting arrest, or trespassing. Police may use the stop to justify a pat-down or a search. So, while the initial charge may seem minor, it can quickly escalate into a much more serious legal situation.
As a private criminal defense attorney, I don't treat this charge like a small matter. I look at the entire interaction to see whether:
- Police had a valid reason to stop you;
- You were given a chance to explain yourself;
- Your explanation was ignored or improperly dismissed;
- The behavior in question actually posed any real, immediate concern.
I've fought loitering and prowling charges by showing the court that the officer's suspicion wasn't legally justified, that my client gave a reasonable explanation, or that the conduct was completely innocent. When we get that message across, prosecutors often drop the charge, or the judge throws it out.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Loitering and prowling charges are often based on assumptions, not facts. If you've been arrested or cited under Florida Statutes § 856.021(2), don't take it lightly. A private criminal defense lawyer can step in early, challenge the arrest, and work to get the charges dismissed before they go any further.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.