Brand

FREE CONSULTATION Phone Answered 24/7

~|mobile~|font-awesome~|solid
407-246-0066

HABLAMOS ESPAÑOL
МЫ ГОВОРИМ ПО-РУССКИ

Brand
~|mobile~|font-awesome~|solid
Our office remains open, and in response to COVID-19 we have expanded our options for remote consultations and virtual meetings. Please contact our office to discuss what meeting option best fits your situation. Call 407-246-0066.

Blog

  1. Home
  2.  » 
  3. Disorderly Conduct
  4.  » When the manager gets involved: disorderly conduct and detainment

When the manager gets involved: disorderly conduct and detainment

You may have seen signs in businesses stating that establishments have the right to refuse to serve people for certain reasons. While they cannot refuse to serve people because of their race, sex, disability, creed or national origin, Florida law does give them the right to refuse service or accommodations in certain cases.

Not only that, but a manager may also have the right to detain someone and call the police.

Disorderly conduct

A fight, or even a noisy argument, could result in a second-degree misdemeanor in Florida: a disorderly conduct conviction. Your situation may not even become that heated before the manager feels he or she should step in. Disorderly conduct may involve behaviors that disturb the people around you, such as a loud argument involving threats or racial slurs.

You do not have to be the instigator to find yourself on the wrong side of the law.

The manager’s authority

At any point, the manager may call law enforcement to take care of the matter. However, in most cases, the manager does not have the right to keep you there. The exception comes when he or she has probable cause to believe that your behavior was compromising the safety of the manager or someone else.

You should not resist if the manager or a law enforcement officer attempts to detain you. This could bump your charge up to a first-degree misdemeanor.

Your rights

If the manager does detain you, he or she must immediately call law enforcement and may not detain you for an unreasonable amount of time. The manner of your detainment also must not be unreasonable.

You do not have the right to press charges against the manager or sue in civil court unless his or her actions did not follow the law. If you can prove that the manager acted unreasonably, you may have grounds to take him or her to court.

Categories

Archives

FindLaw Network