Also known as: loiter or prowl · loitering · prowling · loiter · prowl
Written by attorneys · grounded in primary & secondary sources — see below
An offense under which a person remains in a place at a time or in a manner not usual for law-abiding individuals when circumstances warrant alarm for the safety of persons or property in the vicinity.
Seth stands outside Global Pharma labs holding a vigil after hours with no badge or delivery order. An officer orders him to leave under the city ordinance because his presence lacks an apparent professional purpose. Seth challenges the order in court claiming the rule supplies no workable standard for what counts as a clear purpose.
Leonard Johnson drives slowly through a residential neighborhood late at night without stopping or entering any building. Police arrest him for prowling by auto under the Jacksonville vagrancy ordinance. The court later reverses the conviction because the ordinance fails to give fair notice of what conduct is forbidden.
Select any source to read its text and confirm it supports the definition.
Lorenzo Lugo sits on a sidewalk in Skid Row after dark because he has no shelter. Officers issue a citation under the city ordinance prohibiting sitting or lying on the street at night. The court holds the ordinance unconstitutional as applied because it criminalizes a condition inseparable from his status.
Luna Lang stands on a public sidewalk near a hotel district without luggage or tourist indicators. An officer stops her and demands identification under a state statute tied to the loitering ordinance. She refuses and is arrested. The court later examines whether the demand itself complied with Fourth Amendment limits.
Luke Latham walks repeatedly past stores in a shopping plaza without entering or carrying bags. Police order him to identify himself and explain his presence under the loitering statute. When he cannot supply what the officer deems credible identification he faces misdemeanor charges that the court finds unconstitutionally vague.
Landon Long lingers near a closed storefront at night in a manner that draws an officer's attention. The officer conducts a brief stop under Terry standards to investigate possible prowling. The encounter turns on whether the circumstances created reasonable suspicion of danger to persons or property nearby.
Flight upon seeing an officer, refusal to identify oneself, or efforts to conceal oneself or an object may be considered. These factors help determine whether the presence creates warranted concern for safety of persons or property.
Ordinances that allow dispersal based on remaining in one place with no apparent purpose fail to provide fair notice of prohibited conduct. They also grant officers unchecked discretion that invites arbitrary enforcement.
No. The offense focuses on objective circumstances that would alarm a reasonable observer rather than the actor's subjective purpose. The statute lists observable behaviors such as flight or concealment as relevant indicators.
Courts examine whether the ordinance supplies definitions or examples that allow ordinary people to predict enforcement. Reliance on unstated contextual cues or officer training does not cure the absence of statutory standards.
…committed or (3) a crime was about to be committed. The opinion of the Court disclaims the existence of "probable cause." If loitering were in issue and that was the offense charged, there would be "probable cause" shown. But the crime here is carrying concealed weapons; and there is no basis for concluding that the…