Loitering and prowling limits
311 So. 2d 104 (Fla. 1975)
FloridaFlorida Supreme Court
Quick Rule
Loitering and prowling requires unusual conduct plus circumstances creating an imminent concern for people or property.
Field Reminder
When practicable, give the person an opportunity to explain and dispel the concern. Document both elements.
Important Limits
Mere presence, suspicion, or refusal to answer is insufficient. Explanations must be voluntary; this decision does not create a blanket Miranda requirement for every noncustodial encounter.
Sources
Opinion sources reviewed October 4, 2026. Editorial summaries; not a comprehensive review of later decisions or Florida-specific requirements. Follow agency policy, certified training, and State Attorney guidance.