Posted on 08/04/2010 4:51:50 PM PDT by mdittmar
TAVARES, Fla. -- A Lake County mother was arrested at a children’s splash park after her white t-shirt got wet. Now, she's suing the city of Tavares over her arrest. She told WFTV police took an embarrassing situation and turned it into discrimination.
A hot day in April at the Tavares splash park turned into Janet Lovett's own personal nightmare. She took her 7-year-old son to cool off, but before the day was done she found herself behind bars, facing an arrest record for obstruction of justice and resisting arrest without violence.
“I started shaking. I feel nervous. My son was inside park with husband. I was alone,” she said.
A park employee asked Lovett to leave, because the white t-shirt she was wearing had become wet and her padded bra was showing. She says she left, but outside the park gate a police officer approached her and asked her for ID and her name.
“Very scared,” she said. “I've never been arrested before."
The police report indicates Lovett didn't give her name fast enough. The mom says she was scared and wanted to know why she was getting arrested.
Lovett’s attorney, Howard Marks, is demanding those same answers from the city. He says the police had no legal right to ask Lovett for ID, because no crime had been committed.
‘If they were wearing a bra, it's not illegal in the state of Florida. It's not indecent exposure. It's not a crime,” Marks said.
Marks intends to sue the city for violation of civil rights, false arrest and malicious prosecution. He thinks there was more to her arrest that day than the outfit that was deemed inappropriate.
“Either the police were so lacking in training and so incompetent to the law or trying to ID someone who was a potential illegal alien,” Marks said.
Lovett is a U.S. citizen.
The city of Tavares said it does not comment on pending litigation. The police chief told WFTV his officers operated within policy that day
The charges were dropped!
What were the charges in the first place???
Well, that's not exactly what Bolton's order says. She struck the provision that says the police must identify the subject's immigration status if they suspect they're illegal.
The order does not enjoin the AZ police from asking for ID during a Terry stop. Clearly, she couldn't. She can't overrule the Supreme Court.
That’s a criminally binding arguement, but you are assuming those are the circumstances of the case. She should have waited for the criminal matter to pass before seeking civil action IMHO.
Well, as long as you're sure, why should any of us question?
Move along folks....
No, they would have arrested her for trespassing then. It becomes trespassing as soon as you are asked to leave and don’t.
The failure to press charges of trespassing makes me think its more a failure to provide proper boot licking.
No, they could have arrested her for trespassing, or disturbing the piece and probably a few other things. But, they chose to arrest her for resiting and obstruction.
Again, if she would have left before the police got there, she wouldn't have been arrested at all, now would she.
That's the part no one wants to talk about - the private property rights of the property owner. The park has the right to refuse service to anyone, so long as they don't violate anyone Title 7 rights. But, the police aren't going to litigate a Title 7 dispute, are they? If the woman was wronged by the park owner, then she should sue the park owner. But, a false arrest claim against the popo is going nowhere.
This is just idiotic. Although it did not happen in this case, consider recent reports of people who were arrested for “filming” a police officer making an arrest with a cell phone camera, and it makes incidents like this one even more disturbing.
This young lady is probably lucky she didn’t get tazed too.
I'm just shooting from the hip to illustrate absurdity.
And, one of the problems with us debating a story such as this is that way too much is left out of the reporting. I've been in similar situations where the cops are so beyond flaming a**holes.
OTOH, never underestimate the capability of the average person on the street to be obnoxious to the point where anyone would cheer for arrest. Anyone who has worked in a job dealing with the public can attest to that.
“Again, if she would have left before the police got there, she wouldn’t have been arrested at all, now would she.”
I dunno, perhaps you know more than what was in the article. You seem really smart.
= No crime committed, but the filth wants to arrest somebody anyway.
That's true. Like I said, I see both sides. But, ultimately if the private property owner no longer wants you on their property, leaving is the only option.
The cop needs a good crack on the head with a billy club and a tazeing for good measure.
Have a good day.
They(the police) should have charged her for Trespass. You always include the offense that leads to the arrest of a greater offense. I’m not sure if Disorderly conduct is one of the 13 or so misdemeanors in Florida that have to be committed in the presence of LEO or not. But, there is more going on here unless she snatched away or caused a scene.
Was is Trespass after warning(who warned her?) Trespass posted property?(No) Fail to leave property?
I’d take the case.
“Lovett is a U.S. citizen”....
That’s the problem!....she’s not an illegal from Mexico!
No you don't. Under Hiibel, a detainee in a valid Terry stop is required to identify himself or herself. Period. Nothing in the decision or the law says that a police officer has the legal right to demand a person's physical identification documents unless they are operating a motor vehicle or engaging in some other similar activity. All a person has to do under Hiibel is identify themselves, i.e. state their name.
As a practical matter, if a person refuses to show an ID document to a cop, that person is almost certainly going to jail, and will probably get a beating, too. Because when you're a cop, there is no law. You can kill a person for not showing you ID, and you can probably get away with it.
She says she left, but outside the park gate a police officer approached her and asked her for ID and her name.
In other words, the cops had a wasted journey, and now they are pissed.
Chill out guys. Were talking boobies here.
Perhaps the solution is for the police to arrest fewer people.
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