Expert: Philip Sweeting - 8/25/2004

Question
Hi, Mr. Sweeting:

Let me say in advance thanks so much for your help.  I really appreciate any help you can give me with my research . . . .

That said, I am a writer who is trying to make my most recent thriller as realistic as possible(of course) by making sure I'm getting all of my facts straight.  I actually have 2 questions for you, if you don't mind:

1-)  If I caught someone snooping around my property in the dead of night, maybe even peeping into my windows, if I told them to leave and THEY DID, IMMEDIATELY -- technically could they NOT be charged with trespassing?  Or would the fact that they were "Peeping Toms" constitute some other type of crime?  Basically, I need the hero of my novel to be helpless in doing anything about this, because they did immediately run away when he told them to . . . .

2-)  This is the one that I seem to get different answers to wherever I go:  Could someone be charged with a crime if they snooped through your trash?  I'm not talking a law enforcement officer, but let's say a nosy neighbor.  Am I correct in my assumption that trash is technically private property, UNLESS it has been discarded at the curb for pick-up?  And even if the person who did this could be charged with anything, there's nothing the police could do to help you if you did not see them doing it and had no proof as to the culprit, correct?



Whew.  I'm sorry this turned out so long, but thank you so very, very much for your help!

Sincerely,


James Newman
www.james-newman.com


Answer
Question # 1. In FL they could be charged with loitering and prowling which is what "peeping toms" would be charged with. In FL the term "peeping tom" is slang. The actual charge is Loitering and prowling which is being at a place and time not usual for law abiding citizens.

So even if they did immediately leave, if you reported it to the police, technically they could be arrested if evidence existed to prove they were. In this case it would be your word against theirs and unless there was other evidence, the police would be unlikely to arrest them on that alone. Now if they were found by the police in the area shortly after they left that could be sufficient evidence for the police to arrest them. For the purpose of your story you could make it a situation where it is your word against theirs, etc. therefore the police refuse to charge them. But legally if the police believed you they could be arrested and ultimately, if it went to a jury, it would be their decision on who to believe.

#2.There is no law that would prevent someone from taking your trash once it is placed by the side of the road for pick up. The police will often take trash on the side of the road in order to sort through it if they believe someone is dealing drugs. Often drug dealers will discard contraband in the trash and if the police find some it may give them evidence to get a search warrant to then search the house. I remember one time where our officers found a bundle of cash that was accidentally discarded by the owner.

Keep in mind unles they have a court order the police have no right to go onto your property to take your "trash" just like no other citizens would. If the police took it and it was next to your house that would be illegal. But once you place it by the road for pick up the legal facts change and there is no crime for anyone to take it.

Again if they were looking at it next to your house, there would be nothing the police could do unless they took it. However if you told them they were not permitted on your property, if they returned for any purpose the could be charged with tresspass. But again it would be your word against theirs and it would be the same as answer#1.

Hope this helps and makes sense. I got a little long winded myself.