Quote:
Originally Posted by Carl in Tampa
Wrong, Steve.
A property owner, or the owner's representative has absolute authority to question a person's presence on the property. It is not a law enforcement function and does not require law enforcement authority.
If you see someone in your back yard you have the authority to confront the person and ask why he is there. You also have the authority to tell him to leave. You do not have, nor do you need, law enforcement authority to do this.
If he refuses to leave you may call the police and have him removed and/or arrested, depending upon the circumstances. If you tell him to leave and he leaves when the police arrive then you have successfully removed him. If he refuses to leave when the police witness his refusal then he can be arrested.
For a person who simply wants to access the hospital and doctor's offices you sure seem hung up on wanting to use the multi-modal paths.
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You are correct when you are talking about your back yard. However in this case you have unsecured boundary lines in a public place next to public facilities with no clear definition of access restriction. You also have some self defense laws in Florida that make it very dangerous to have untrained, unarmed civilians approaching some one. You starting to see what may happen. Its a whole different ball game when you have a fenced yard The fence indicates a boundary restriction. As the owner who put up the fence you have the right to address the individual you made it clear with the fence there is an access restriction. You have the right to question, you do not have the right to detain. Your looking at apples and we are taking about oranges. Both are fruit but are not the same.