Yes, they can, but as I understand Florida law any crime misdemeanor and below MUST be committed in that officer's presence. Aside from the typical exceptions such as DV, DUI, violation of restraining order and usually about 7 others. Otherwise, RP (Reporting Party) will be conducing a private person's arrest and the local agency will handle the custody / citation as a courtesy.

Keeping in mind, that now the RP has to show up to every court date or else it gets completely dropped. There's a reason defense attorneys drag things out forever with continuance after continuance after pre-trial motions, etc.

Ohhh, and another big factor, the RP is now on the hook for false arrest if that turns out to be the case - there is no qualified immunity for an unlawful arrest for non-sworn. My case gets dropped because the RP failed to show up to court for the 7th of 30 appearances, and I'm suing for false arrest.

RP really want to go through all that wasted time and effort, court parking fees, and the civil litigation risk of a possibly unlawful arrest? You unlawfully arrest me and I'm going to end up with your house and your car. Maybe your wife.

There's a big difference, huge in fact, between talking the talk (i.e. I'll have you arrested!!!) and walking the walk (what really happens that they don't show you on all those cop shows you have been watching for 40 years).

The "freedom" to enjoy music in a place where their rule (not law) is "no smoking in this space" IS the "smallest of freedoms." If you have to walk away, because someone else is breaking the rules and their actions are bothering you, then THEY have just taken YOUR "smallest of freedoms" away.

I thought you said you had a free beer? Alcohol is a drug. And it's not prescribed.

I mean if you're going to go the "holier than thou" route, you probably should make sure that it's not easy for the rest of us to call you out on it.

Alcohol is not a drug and it is not illegal so it can’t be called an illegal drug. I am not holier than thou.

Per the NIH, Alcohol is most certainly a drug...

"Alcohol is among the most used drugs, plays a large role in many societies and cultures around the world, and greatly impacts public health..."

Alcohol | National Institute on Drug Abuse (NIDA)

And no one mentioned "illegal drugs" until you did...

Well I wasn’t taking aspirin. I do believe I said prescription drugs so I guess I should have said over the counter and prescription as all others are illegal drugs. People can call alcohol a drug if they want but I have never considered it one. I might as well say I have never been drunk either.

You quoted NIDA which deals with drug abuse. It's saying it can be an addicted drug for certain people. Not everyone.

Just about everything these days can be viewed as a drug like shopping , eating, social media, gaming, etc. but we don't call them a drug until they become abused and act like a drug.

So therefore alcohol is not a drug and only about 8% of the population use it as a drug.

Cigarettes have certain chemicals in them that make them addictive just like potato chips, scientists add addictive chemicals so you want more.
Oxycontin and Fentanyl are highly addictive drugs. I can remember when the FDA said Oxycontin was non addictive, we know how that turned out.

We have gone off topic but as a ex smoker I do wish they would incorporate Hospital standards when it comes to smoking near a hospital. Which is basically you can't smoke on the property at all.
The square is privately owned and if they wanted to the could ban smoking. At the very least you should have to go across the street.
We have people with oxygen tanks sitting in the square.

The fact that YOU never considered alcohol a drug matters not.

The NIH (and all other medical professionals) most certainly DO consider it a drug.

Being drunk is irrelevant to the conversation...

The NIDA is part of the NIH... Did you even bother to look at the link?

Incorrect...

Also incorrect...

And? Irrelevant to the topic at hand...

Also irrelevant to the topic at hand...

The squares are not hospitals. There are people with oxygen tanks sitting outside the squares, as well... Your point is invalid...


P.S. I'm not , nor have I ever been a cigarette smoker. I do enjoy an occasional cigar in the privacy of my home, or when out. But I do my best to not infringe on others...

I also don't lose my mind when others smoke nearby...

FDA- definition.

A. Statutory Definitions

1. Drug

Section 201(g) of the FD&C Act (21 USC 321(g)) provides that the term "drug" means:

(A) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any articles specified in clause (A), (B), or (C). . .

I think I will go with the FDA definition and agree to disagree with you on other points.

"Is Alcohol Classified As A Drug? Alcohol is a drug. It is classified as a Central Nervous System (CNS) depressant, which means that drinking alcohol slows down brain functioning, neural activity, and further reduces the functioning of various vital functions in the body..."

does the fda consider alcohol a drug - Google Search