{"id":7552,"date":"2023-10-27T15:41:28","date_gmt":"2023-10-27T15:41:28","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7552"},"modified":"2026-09-17T06:41:24","modified_gmt":"2026-09-17T13:41:24","slug":"misdemeanor-crimes-not-committed-in-your-presence","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7552","title":{"rendered":"Misdemeanor Crimes not Committed in Your Presence"},"content":{"rendered":"

Our next topic is: How do you handle misdemeanor crimes that are not committed in your presence?<\/strong><\/p>\n

Many states have a misdemeanor restriction that you cannot make an arrest for a mis-demeanor that was not committed in your presence.\u00a0 Now, all of those states that have this restriction also have some exceptions.\u00a0 For example: DUI, not committed in your presence, domestic violence, not committed in your presence.\u00a0 You can still arrest for those, even though they’re misdemeanors.\u00a0 But they still have this common law rule that if you didn’t see it with your own senses, then you have to go another route.<\/p>\n

So I want to give cops some tools to use to address those situations that come up frequently.<\/p>\n

Before I dive in with those tools, let me give you the scenario.<\/p>\n

Is stealing a purse a felony or a misdemeanor?<\/h2>\n

Officers get a call that a victim had her purse stolen.\u00a0 They arrive 30 minutes later.\u00a0 They have a suspect description.\u00a0 They see the suspect a few blocks from the place where this purse got stolen.\u00a0 Now this is not a strong arm robbery.\u00a0 This was simply that the lady was on her phone and she’s not paying attention.\u00a0 She\u2019s at an outside cafe.\u00a0 And the guy just comes up and grabs the purse and leaves.\u00a0 Then she realizes her purse is gone.\u00a0 So this was not a strong arm robbery or theft.<\/p>\n

Now in Florida, do we have a felony?\u00a0 A felony is $750 or more in value.\u00a0 The victim says the purse is worth about $450, with not a lot of contents that are worth anything inside the purse. She’s claiming a loss of approximately $450.\u00a0 So we’re in the misdemeanor level.<\/p>\n

Now they also have video of him behind some bushes at a school.\u00a0 They go behind the bushes, they find the purse, and they find the person.\u00a0 Here’s where we’re at; can we make the arrest or not?\u00a0 If we can’t make the arrest what are we supposed to do?<\/p>\n

Well, let’s address a few things. I think you’ll find this interesting.<\/p>\n

Does watching a video count as committed in your presence?<\/h2>\n

Number one, this question comes up a lot. Can we use the video of him stealing?\u00a0 Let’s say we have him on video stealing the purse, and we have him detained.\u00a0 Cops at the cafe see a video of him stealing the purse.\u00a0 Does that count as committed in your presence?\u00a0 And the answer is \u201cno.\u201d\u00a0 In order to be counted as committed your presence, you have to use some of your God given senses, hearing, sight, smell, and so forth.\u00a0 That can count as in your presence.\u00a0 But watching a video doesn’t count.<\/p>\n

Now watching a live video does count.\u00a0 Make sense?\u00a0 You’re watching the guy commit a crime on let’s say, a closed circuit television.\u00a0 He’s stealing stuff and you’re watching with your own eyes.\u00a0 That is committed within your presence.\u00a0 That makes sense.<\/p>\n

So we do not have that satisfied here in this scenario.\u00a0 Therefore, this arrest if we did arrest him, would violate Florida State statute.<\/p>\n

Does a misdemeanor arrest outside your presence violate the Constitution?<\/h2>\n

I’m just letting you know that it does not violate the Constitution.\u00a0 It violates the law.\u00a0 And what the consequence of that is, I don’t know.\u00a0 It depends on the Supreme Court in your state.\u00a0 Some Supreme Courts, like in California, if this happened in California, even though they have the same \u201cin your presence requirement,\u201d they would not suppress the evidence, but other states may.\u00a0 So what are you supposed to do here?<\/p>\n

Well, the main thing is to cite him.\u00a0 This \u201ccommitted in your presence requirement,\u201d does not prevent you from citing this person and releasing him.\u00a0 So get their name, get their ID.\u00a0 If they don’t want to give you their ID, you can arrest them under your appropriate state law for failing to identify when you have probably cause.\u00a0 But what about the evidence?\u00a0 What if we got him on video putting this lady\u2019s stuff into his pockets?<\/p>\n

Can you take stolen property out of a suspect pockets without an arrest?<\/h2>\n

Now we don’t have a crime of violence.\u00a0 So we don’t do a pat down necessarily.\u00a0 He’s being cooperative.\u00a0 He’s in handcuffs<\/a>, for example.\u00a0 I don’t feel comfortable patting him down, because he’s not armed or dangerous.\u00a0 But what about that stuff that I know is in his pockets?\u00a0 And I say, if it was me, get it.\u00a0 Why?\u00a0 Because you have exigency.\u00a0 I’ve never seen a case that has held that if you have probable cause<\/a> that they have possession of stolen property on their person, that you have to arrest them and bring them to jail to recover the property.\u00a0 You can recover it on-scene, because you have exigency.<\/p>\n

You don’t have time to go get a warrant, and your probable cause is that they have stuff in their pockets.\u00a0 That is evidence.\u00a0 You recover the evidence.\u00a0 And I would cite and release him.\u00a0 And that’s what I would do.<\/p>\n

Can you get an arrest warrant on scene for a misdemeanor?<\/h2>\n

Now, another option is getting a warrant for the guy on-scene.\u00a0 Florida has a law that allows a state’s attorney to issue an arrest warrant, based on the verbal probable cause that the cop gives over the phone and.\u00a0 I’ve also learned that Utah can get warrants from their cars.\u00a0 So that’s another thing.\u00a0 Get judicial approval.\u00a0 It may take a long time, but that’s just the way Florida has worked out.<\/p>\n

So if you want to arrest him, go get the warrant on-scene if you can.\u00a0 If not, then you have limited options.\u00a0 But that’s kind of where we’re at on this.<\/p>\n

And then a little zinger on this one is that, at the end of the day, the victim doesn’t even want to press charges, because she ended up getting her purse back.\u00a0\u00a0 Because again, it was found behind some bushes at a school.\u00a0 So at that point, I’m kicking him loose.\u00a0 She just won\u2019t be a victim and cooperate.\u00a0 The case is weak at best and she’s probably not going to show up at \u00a0court.<\/p>\n

To recap, many states require the \u201ccommitted in the officer\u2019s presence,\u201d to make the arrest.\u00a0 That means you’re using your God-given senses.\u00a0 Watching a past video doesn’t count.\u00a0 Watching a live video does.\u00a0 If you have probable cause that they have evidence on their person, you’re going to be able to recover the evidence in the vast majority of states.\u00a0 I’ve not seen where you can’t, especially under those circumstances.\u00a0 Recover the evidence, cite and release him.\u00a0 If you’re really looking for an arrest, you’re going to have to go the warrant route.<\/p>\n

Does that help?\u00a0 I hope it does.\u00a0 Thank you for your interest!<\/p>\n

Related from Blue to Gold<\/h2>\n