As the title suggests, I live in Florida. Tampa dopers, hey.
I’ve got a rather specific question that may or may not relate to the castle doctrine. This states that I can use deadly force to defend my dwelling (also extended to everywhere, but that’s not relevant).
But what about the use of non-deadly force specifically to remove someone from your dwelling? If someone’s on my property and acting in a non-threatening, but extremely belligerent behavior (enough for me to want them off my property), what are my rights to provide a forcible escort off my property? Not use deadly force, mind you, but to ensure that they are reminded that this is your home and future visits will be ill-advised.
Calling the police is not an option. They would be powerless in this situation other that just telling the person to leave. I want to ensure that this person thinks twice about coming back.
Why would the police be powerless? Once you tell the person to leave your property, it becomes trespassing which is a perfectly good reason for arrest and might allow you to get a restraining order if you need one.
Guesses to follow:
The concept of a citizen’s arrest is real so I suppose you could restrain the person and wait for the police. I am not sure what happens if you just push him into the street and let him go. Bar bouncers don’t have any special legal authority and they throw people out all the time as do regular security people in all kinds of places.
You are asking whether Florida recognizes the doctrine of moliter manus imposuit. Roughly translated, that means “he laid hands upon him gently.” (As Florida has opted to rename the western rule “the castle doctrine,” I have no idea what Florida has renamed this common law rule.)
Moliter manus imposuit, at common law, was a defense to a tort claim of battery (I believe). In essence, it permits a person to remove a trespasser with a minimum level of force, but only after using words to attempt to remove the trespasser. But there are limits to it, including that the trespasser is damaging or attempting/threatening to damage property. Think of it as analogous to self-defense, but for property.
But, again, I don’t know if Florida recognizes this defense. I leave that to someone else to research.
Wrong. Calling the police is the best option. If someone refuses to leave your property and is not threatening to you, there’s no rush. Call the cops.
When they arrive, they will witness you telling the man to leave. If he further refuses, they will arrest him on the spot for trespass after warning.
If he complies, they will walk him off your property and issue him a written trespass warning for him to sign. This is so that later, if he is on your property a second time, they already know he’s been warned and can arrest him right away for trespass after warning. Kinda like a restraining order, but doesn’t come from the court, and it only applies to your property. But it is something that proves he has been told to never enter your property. So if he ever comes back, he will go to jail.
Call the cops.
As to the other part of your question:
You can use reasonable minimum force to remove individuals from your property. But you can’t do anything after you get him off your property. And you can’t try to detain him (either on or off your property). Citizen’s arrest doesn’t work for this since it’s a simple misdemeanor. If you try to detain him, you can go to jail and he can press charges both criminally and civily.
Call the cops.
They’re being criminally lazy, or you’re leaving out a key detail.
Perhaps this person lives with you, but you own the house so you think you have a right to remove him from your property when he aggravates you. Is it close to that? If it’s similar to that, then they’re right.
My second guess would be you’re referring to your daughter’s boyfriend or maybe the wife’s boyfriend or something? Am I getting warm?
I agree. The line in the OP about the police being powerless makes me suspect that the trespasser may be a family member. If you take a restraining order, the police will be able to make an arrest if necessary when the order is violated.
IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES (2006-3).
No. SC06-2436
SUPREME COURT OF FLORIDA
In defense of property. § 776.031, Fla. Stat. Give if applicable.
(Defendant) would be justified in using non-deadly force against (victim) if the following three facts are proved [beyond a reasonable doubt]:
(Victim)must have been trespassing or otherwise wrongfully interfering with land or personal property.
The land or personal property must have lawfully been in (defendant’s) possession, or in the possession of a member of [his] [her] immediate family or household, or in the possession of some person whose property [he] [she] was under a legal duty to protect.
(Defendant)must have reasonably believed that [his] [her] use of force was necessary to prevent or terminate (victim’s) wrongful behavior.
(I refuse to comment on the above other than to say that anyone who pins their hope of beating a conviction on a defense instruction given to a Florida jury, which on the best of days passes as a semi-literate mob of gibbering retards on a day trip for ice cream cones, is probably going to deserve what they get. Don’t do it, talk to an attorney.)
Since you won’t give details, I’ll just speculate:
This first line is key. A person who has permission to be in your house (from your daughter or your son or whatever) is not trespassing.
And let’s suppose that the person has been staying with your daughter for a couple months and you’re totally sick of it.
Too bad. If he’s been staying in that house over a week, you can’t throw him out without an eviction. A lease is irrelevant. If he’s been allowed to stay there too long, he now has a legal right to continue to live there. (So beware of squatters all you nice “I’ll help you get back on your feet” types!!) You will be granted the eviction by the court, however you MUST file it. Trying to throw him out or physically removing him from the house will get your ass in trouble.