Sheriff Rick Wells: Hurricane-curfew violators will be arrested on-sight
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  1. #1
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    Sheriff Rick Wells: Hurricane-curfew violators will be arrested on-sight

    Quote Originally Posted by “Dale White”
    Manatee County Sheriff Rick Wells imposed a countywide curfew at 3 p.m. Sunday that he said will remain in effect until 3 p.m. Monday.

    Wells said, “We will not tolerate sightseers wanting to look at damage to see what the storm has done to the community. They will go to jail.”

    Wells warned that violators will be arrested on a misdemeanor charge and “We have plenty of space at the jail.”

    After the storm, Manatee deputies will require two (2) forms of identification from residents because…
    Full story:
    http://www.heraldtribune.com/news/20...00-at-shelters

  2. #2
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    Quote Originally Posted by Dale White View Post
    Manatee County Sheriff Rick Wells imposed a countywide curfew. Wells said, “We will not tolerate sightseers wanting to look at damage to see what the storm has done to the community. They will go to jail.” Wells warned that violators will be arrested on a misdemeanor charge.
    Exactly what is the state statute or ordinance that Rick Wells is referring to? An elected sheriff does not have the authority to create a curfew. Only legislators can create laws and only commissioners can create ordinances.

    The Supreme Court has already ruled on what constitutes legal curfews. We don't need a renegade sheriff to arbitrarily create laws. He can only enforce preexisting laws. Again, exactly what is the state statute or ordinance that Wells is referring to?

    We are a nation of rules and laws - not dictators.

  3. #3
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    Quote Originally Posted by Dale White View Post
    Manatee County Sheriff Rick Wells imposed a countywide curfew. Wells said, “We will not tolerate sightseers wanting to look at damage to see what the storm has done to the community. They will go to jail.”
    Arresting looters or lawbreakers is fine. However, it is illegal to arrest garden variety citizens (or reporters) who are sightseeing on public streets or sidewalks. Hopefully, Wells was just joking. Right?

  4. #4
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    Quote Originally Posted by Unregistered View Post
    Arresting looters or lawbreakers is fine. However, it is illegal to arrest garden variety citizens (or reporters) who are sightseeing on public streets or sidewalks. Hopefully, Wells was just joking. Right?
    Adults can lose their civil rights in a couple of different ways:
    • A convicted felon or misdemeanant can be placed on curfew during their probation.
    • The U.S. president can declare martial law for a region (or a nation) during an emergency.
    • State legislators and city/county commissioners can create a curfew law or ordinance that is only to be implemented in exigent circumstances.

    However, it is illegal for an elected sheriff or appointed police chief to create and then implement a curfew law – or to use any other law (such as obstruction) under the color of curfew authority.

    It is illegal for Sheriff Rick Wells to:
    • block public roads and sidewalks with deputies
    • or conduct vehicle or pedestrian stops of the same
    • for the purpose of demanding two (2) forms of ID
    • of any pedestrians or motorists
    • who are traveling on public sidewalks or roadways
    • to their home or to any other destination.

    However, if the U.S. president declares Marshal Law, then Sheriff Wells can usurp the suspended Constitutional rights of pedestrians and motorists. At this juncture, Sheriff Wells threat is illegal and unConstitutional. Ask any attorney!

  5. #5
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    Yes he can

    During a state of emergency, a sheriff has the authority to enact a curfew for the protection of citizens. He's well within his right and if you felt so strongly about it, you should've just violated the curfew.

  6. #6
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    Quote Originally Posted by Unregistered View Post
    During a state of emergency, a sheriff has the authority to enact a curfew for the protection of citizens.
    Hogwash.

    Please provide the Florida state statute or Manatee County ordinance that provides Charlie Wells Jr. with the authority to enact a curfew. You won't because you can't.

    Quote Originally Posted by Unregistered View Post
    You should've just violated the curfew.
    Everybody was "out and about" because there was no legal curfew to violate. That's why nobody was arrested for a "curfew violation." You won't find one affidavit titled as a "curfew violation." Nope, not one. LOL

    A sheriff can't arbitrarily decide that there is a curfew without a state statute or county ordinance.

    Obstruction (843.02) cannot be used as a principle charge i.e. there must be an underlying criminal charge.

  7. #7
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    Quote Originally Posted by Unregistered View Post
    During a state of emergency, a sheriff has the authority to enact a curfew for the protection of citizens.

    Quote Originally Posted by Unregistered View Post
    Hogwash.

    Please provide the Florida state statute or Manatee County ordinance that provides Charlie Wells Jr. with the authority to enact a curfew. You won't because you can't.
    You should've just violated the curfew.

    Quote Originally Posted by Unregistered View Post
    Everybody was "out and about" because there was no legal curfew to violate. That's why nobody was arrested for a "curfew violation." You won't find one affidavit titled as a "curfew violation." Nope, not one. LOL

    A sheriff can't arbitrarily decide that there is a curfew without a state statute or county ordinance.

    Obstruction (843.02) cannot be used as a principle charge i.e. there must be an underlying criminal charge.
    Charlie Wells Jr. might issue backwoods backwards illegal curfew orders, but it does NOT mean that deputies will make illegal arrests for his illegal curfew orders. The days of hiring uneducated applicants as deputies ended a long time ago. This is the 21st Century.

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