Joe Was Arrested

[Tori]

Joe was arrested Wednesday for not changing his drivers license address to the marina where we live we had opted to leave our permanent home address on his dl since we own the home and still receive mail there. Any insights into the legality of this? Our attorney thinks we have a case the statute reads permanent address?

[daddle]

How does The Man know where you actually live? Scary?

[dana-tenacity]

Cut the dock lines and head for the Carribean.

[Rakuflames]

Originally Posted by Tori

Joe was arrested Wednesday for not changing his drivers license address to the marina where we live we had opted to leave our permanent home address on his dl since we own the home and still receive mail there. Any insights into the legality of this? Our attorney thinks we have a case the statute reads permanent address?

That's really scary. I live in Florida and I think Florida tends to take a heavy hand legally.

[Aussiesuede]

Ahem, am I to understand that there is some statute on the books in Florida that makes failure to register an address change an arrestable offense? What about folks who don't drive?

Here is the exact text of the 4th amendment.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What probable causes was used to affect an arrest? What was the arrestable offense listed in the order to appear in court?

[capngeo]

I used to have my Key West address on my DL.... The State interconnected all their records, and they were going to drop my homestead exemption on my “on dirt” home... My DL doesn’t say KW anymore!

@Tori.... what was the exact offense he was charged with? What was the initial contact based on (ie speeding etc?) Did the officer ASK you if that was the correct address?

[atoll]

since you own the home,even if you are not living there ,one would think this to be a permenent address,where as a yacht that can be moved is a transient habitation akin to a tent or a caravan.

as hurricane irene passes,dwellings on the land may cease to exist,but the address will still be the same,the same cannot be said for a yacht,tent or caravan.......

a reasonable lawyer should be able to get you compensation for unreasonable harrasment......in the real world

[capngeo]

A second thought..... Our marina used to have mail delivery boxes for us. Then the USPS decided that all marinas were “transient” addresses and we would need PO Boxes. Perhaps therein lies your defense

[skipmac]

Is your "permanent address" also in FL? If out of state then I can see (not agree with) why FL made a stink since the state law requires you change your DL, address, etc to FL if you live here more than X number of days (30, 90 days???).

If Joe's DL address is also FL I think you might have a pretty good case on your side.

But arrest? As in handcuffs, go to jail and post bail? Did he do something to annoy the officer, demean his ancestry or something? That seems pretty extreme.

[zeta]

My brother got a ticket for the same thing. He had to appear in court but was not arrested. Had he not gone to court a bench warrant would have been issued. I'd say if he was arrested on the spot for this with no prior warning, hire an attorney, if he failed to appear and a bench warrant arrest occurred--pay the fine.

[sww914]

Time to go someplace with fewer amenities.

[MarkSF]

Originally Posted by Tori

Joe was arrested Wednesday for not changing his drivers license address to the marina where we live we had opted to leave our permanent home address on his dl since we own the home and still receive mail there. Any insights into the legality of this? Our attorney thinks we have a case the statute reads permanent address?

Somehow I think there's more to this that you're saying. I've been stopped for speeding and the officer asked me if it's the latest address on the license and I said no, gave him the latest, no problem.

[Tori]

We were not driving we exited the bank to find an officer running our tags which had just expired approx 14 days ago. He initially questioned us not about the tags but about our vehicle since Joe is a licensed security officer it is a legally marked security vehicle. He said we wre committing a felony by impersonating law enforcement officers. Long story short three other officers came we were detained three hours they could find no valid reason for the first officers insistence that we were impersonating law enforcement so he arrested Joe for some other offense. The officer did not like security. Joe was handcuffed and went to jail I had to bail him out this is a second degree misdemeanor if convicted Joe could lose his security licenses and face jail time and or steep fines. Fox 35 has filmed the story but not yet aired it we have retained am attorney it was not a traffic stop we were not driving. My address is the marina address my name is not on the title to the house. Some of our mail comes here some goes there. Of our four vehicles two are registered to the marina address two to the house. Apparently this is arrestable in Florida. The charge listed on the arrest report says failure to notify HSMV of an address change when you look up the statute it refers to vehicle registration not your DL. We were polite to the officers and neither has any criminal history. My opinion is the officer wanted an arrest for some reason could not use what he wanted which was a felony of impersonating law enforcement so he researched and found some vague reason. At no time was Joe queried as to his address change. They also did not mentioned the expired tag but he did get a ticket for that. We were wearing flip flops shorts and t shirts. We have also filed written complaints about the officer and contacted internal affairs in all it us absolutely ludicrous.

[bangkaboat]

I sincerely hope that you legally kick their butts!

[Boracay]

Have you considered getting some photos of your boat and a statement from the marina operator that it is your boat.

When the judge sees the size of your boat he/she may have a great deal of trouble believing that it is your primary residence.

I'm not a lawyer so better run this past your attorney first if you're thinking of using it.