Legal Update: Firearms and Fishing

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1 October 9, 2015 Editor s Note: The Sheriff s Office Weekly Rap-Up comes out on Friday afternoon If you have a submission, please send it to me and I will be happy to include it. Send it to beckyherrin@keysso.net, or in the courier to Deputy Becky Herrin, Media Relations Division, Headquarters building on Stock Island. This publication can be viewed on line at Legal Update: Firearms and Fishing I originally addressed this issue in the July, 2011 Legal Update. However, the passage of time and recent events elsewhere in Florida have made it prudent to revisit the matter. Issue: While on patrol you see an individual legally fishing from a bridge. As you approach the person you notice that they have a firearm strapped to their hip. Question: Can an individual openly carry a firearm while fishing or going to or coming from a fishing expedition? Answer: Florida Statute, F.S (3)(h), provides that the open-carry statute does not apply to a person engaged in fishing, camping or lawful hunting or going or returning from a fishing, camping or lawful hunting expedition. It reads as follows: (3) Lawful uses.--the provisions of ss and do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes: (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition; Bottom Line: Proceed with caution under these circumstances. Remember there are three levels of police-citizen encounter: consensual encounter, investigatory (Terry) stop, and arrest. You must clearly understand which level you are engaged in, its requirements, and its limitations. If you engage in a consensual encounter, remember that the subject is free to leave and may either voluntarily comply with your requests or choose to ignore them. In an investigatory stop, you may reasonably detain the subject temporarily if you have a reasonable suspicion they have committed, are committing, or are about to commit a crime. An investigatory stop requires a well-founded, articulable suspicion of criminal activity. A mere suspicion or hunch is not enough to support such a stop. Sergeants, I recommend that you discuss this fact pattern at role call, particularly the interplay between a consensual encounter and an investigatory stop. This is where most of the issues arise in this context. While I am not aware of an issue here, there have been organized efforts in other jurisdictions where events are planned during which individuals express their rights as described above. I have attached a recent newspaper article regarding such an event in Tampa. For your reading enjoyment, Florida Statutes , and will be posted in Outlook, in the Legal Updates section. As always, if you have a question or an issue on this subject or one that you would like me to address please let me know. The Sheriff s Office gained reaccreditation from the Florida Corrections Accreditation Commission this week. Congratulations to the whole Accreditation team on a job well done!

2 SUP Invitational needs help On Oct. 18 at Higgs Beach, we will be holding the SUP Invitational. There will be a Special Olympics Opening Ceremony and Awards area. We would like to invite any law enforcement folks who can join us to help out with the following: 1. Bringing the torch in for Opening Ceremonies start time to be by 8:30 am. 2. Handing out Awards- starting at 9:30 am and running to aprox 1 pm 3. Mounted Police to stop by the officer on the horse who stopped by last year was a hit! Info on the event can be found here. Anyone is welcome to race! Volunteers are needed in many areas. Thank you so much for anything you can do to spread the word via the MCSO and the KWPD. Ruth Holland, Head Coach, Key West Conchs, Special Olympics Florida-Monroe County Human Trafficking race team Glad Tidings Tabernacle Key West will be participating in a 5K race against human trafficking. This event is hosted by Central Church Miami and partnering with Glory House Miami to build a safe house for traffic victims. October 31-7:30AM Tropical Park 7900 SW 40th St. Miami, FL We would like to extend an invitation to your agency. We are registering as a team and using none other than Key West Conchs to represent. We are ordering all shirts this week. If you would like to register with our team and order shirt, please contact me by October 6th. If you don t care to order shirt, but would like to still join our team, we can still register you right up until the date of the race. Please have anyone interested to contact me at our church office or my personal Please see attachments with details and more info on the event. Thanks. Jennifer Miles, Office Secretary, Glad Tidings Tabernacle, For Rent $ , 2/2 available (side by side duplex with separate address) in a great neighborhood off of Ships Way. Canal front with very close proximity to the Gulf. Owner prefers law enforcement or county employee. For information including photos please call Bryan The Sheriff s Office and Key West Police were the beneficiary of equipment purchased with county Crime Prevention funds, including speed measurement signs and Rapid ID fingerprint scanners for use in the field. KWPD also received bike helmets, lights and locks as well as computers for the Police Athletic League after school tutoring. This finely tuned search team searched Boot Key in Marathon extensively after the Sheriff s Office received a report of a dead body buried somewhere on the island. No body was found, but they did get the opportunity to hone their skills and practice working together. Great job! Participating in the search were Islamorada and Marathon Fire Rescue K-9 SAR/CART team members and members of the Sheriff s Office. FWC also helped with the effort. Walk for Breast Cancer Sheriff s member Tiffany O Connell has put together a Making Strides Against Cancer walking team for the upcoming 5K. Many of you have participated in the past. Call her with questions. The event is October 17th at 8 a.m. and starts at the White Street Pier. Come show your support for the fight against breast cancer. Weekly Rap Up - Page 2

3 SRO Deputy Derick Velez has been helping his Explorers, Post 906, form a Color Guard team with the plan to present Colors during the National Anthem before games at school and at community events. He says they have been practicing hard and are making him proud. They look great! Detective Sgt. Tom Walker and Detective Mike Sielicki visited classrooms at Stanley Switlik School this week. Wearing pink during Breast Cancer Awareness month here at the Sheriff s Office headquarters building. The pink day was organized by Receptionist Karen King. Thanks, Karen! Guess Who? Birthday Name Job Title 10/10 Jolimeau Gelin Detention Deputy 10/10 Miranda Tamikka Programs Assistant - Property Clerk 10/11 Glover Angela Property/Evidence Assistant 10/11 Venegas Tomas Deputy Sheriff 10/13 Johnson Deborah Victim Advocate 10/13 Lawson Auviana Deputy Sheriff 10/13 Linares Brittany Detention Deputy 10/15 Howanitz Traci Detention Records Assistant 10/15 Serra Jacqueline Executive Assistant 10/16 Bryan Corey Captain Deputy Sheriff 10/16 Mompoint Desliles Deputy Sheriff Weekly Rap Up - Page 3

4 Farmer Jeanne and Mo have been busy with community events this week. Here they are at Bayview Park for a night at the movies and at the Naval Air Station Fall Festival. Detective Sgt. Donnie Catala and his squad of pumpkin sellers strike again! At the MARC pumpkin patch, which is open for business all this month in Key West. Deputies Nick Whiteman and Dyllon Hansen work with someone from Marathon Fire Rescue and a good Samaritan to clean up the 33rd Street Marathon boat ramp. It was so messy some trailers were getting stuck trying to launch boats. Corrections Deputy Ashley Sheriff, spending time volunteering at the Florida Keys SPCA. Sheriff s Marine Deputy Ray Jodlowski helped out with a Breast Cancer Awareness event at the Sandbar in Islamorada recently. Here he is showing his support for the cause. Weekly Rap Up - Page 4

5 THANKSGIVING POTLUCK Please join us to celebrate Thanksgiving. Location: MCSO HQ Date: November 13, 2015 Time: Noon Please Karen King or Mary Cohen by November 5 th with what dish you will be bringing. If it is a hot dish, please bring it hot to the potluck. Due to electric problems in the break room, we can only use one appliance at a time and won t have time to heat too many dishes. A list will be posted in the Announcement Folder of Outlook so you can see what is needed and what is already coming.. E X T R A!! E X T R A!! E X T R A!! Saturday, November 14, :00 pm $27 per ticket Event Location: Trumbo Palms Fly Navy Bldg. Palm Ave Causeway Key West MCSO celebrates 21 years of service from Lt. Colonel Tommy Taylor Tickets: Carol Peterson cpeterson@keysso.net Tamara Snider tsnider@keysso.net Must be purchased by Oct. 30, 2015 Limited tickets available - payment must accompany reservation Attire: Business Casual Doors & Cash Bar Open at 5:00 Program at 6:00 7:00 The end of an era! Weekly Rap Up - Page 5

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7 Tickets are available from Captain Anne Sweeney, Lt. Todd Silvers, Polly Deihl in Jail Records or Brittany Brown in Central Records. RAFFLE TICKETS ON SALE NOW TO WIN AN EROVER Two Wheeled Smart Self Balancing Scooter Electric Drifting Board Personal Adult Transporter with LED Light THE WINNER WILL BE ANNOUNCED AT THE CHRISTMAS PARADE ALL PROCEEDS GO TO RELAY FOR LIFE TICKETS $10.00 Weekly Rap Up - Page 7

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9 Weekly Rap Up - Page 9 See Carol Albury- Johnson for tickets or they can be purchased at the Islander on October 16th at the kick-off event. Call or her for information.

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