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I just did a little googling and found this to be quite common in Florida too. The statutes really depend on the definition of "temporary", which the don't define.
Experience does tell me that family members that lock doors will get the point across and the person will leave without pressing the issue... but in this scenario, mom does face misdemeanor charges if she locks him out, throws his stuff to the curb, or cuts water/power to force him out even though it is her own home.
The "entitlement" to the property comes with mom's consent to his being there without restriction for the previous six months... whether he pays rent or not. We caution people all the time to be careful who they allow into their home, to clearly state the terms of the stay, and to boot them when the time comes. Once they start extending the agreement and give consent to stay, they force the issue of eviction.
Moose I wasn't calling YOU shallow just that your analysis is not rooted in law but your experience. If you will look at the post I researched it and actually posted the Law in Florida. Time does NOT make a resident regardless of your experience. Police no doubt will not force someone to leave after they have been there for quite some time but changing the locks certainly isn't going to make you arrest the homeowner either. I like you too much to call you names.
Well it wasn't meant to be shallow. Perhaps the law is different where you are. Here, whether you pay rent or not has no effect. If you start out as a guest for just a few days but are still there several weeks later with the consent of the homeowner, you have to be evicted to be forced out. In this scenario, mom allowed her son back into the residence with no clear end date for his stay. The son apparently has no other residence to return to, making mom's house his primary residence.
We go through this all the time with people trying to get friends or family members out of the house. They allow them in to "help them out", but several weeks later they are still there and mooching... but that is several weeks with consent. It becomes a civil issue requiring eviction. Now, if a guest is allowed for 3 days and on the 4th day the homeowner is asking the police to put the guest out... no problem! There is no specific time required to establish residency- it depends on circumstances.
I'm not at all surprised! She makes posts, but doesn't bring anything to the table whatsoever. Thanks for your advice and interest. With the help of another board, I got the package I was looking for. : )
I think marble should tell us where the photos are so we can be certain that they constitute a violation of privacy. :p
By the way, I laughed my ass off about the sentencing to a million years in a cave with a sarcastic dolphin comment!
That moderator is a low life, Patricia young is every where because she cant hold a job as a temp.
(CONT)
Anyway, if when asked about speeding the driver offers the information about talking on the cell phone... OOPS! The officer may add that to the citation based on the admission, but it can probably be fought off since he did not observe it.
Let's use the extreme situation where the officer stops the speeding car and asks the driver why he was driving so fast... and the driver replies that he just killed his wife and is trying to leave the country. It is hard to believe that the admission would not be admissible as evidence should his wife be found dead at home. The guy offered it voluntarily and was not in custody.
However, in the cell phone situation, the officer has no other evidence other than the driver's statement, and a well argued challenge to the cell phone violation should prevail since the officer can't testify to what he saw.
When an officer stops you, you are required by law to provide your driver's license, proof of insurance, and registration... That's it. You are not obligated to answer any other questions, and doing so is considered voluntary. Miranda does not apply unless you are in custody. When you are still sitting in your car you are not in custody. You are in fact detained, but only for the sole purpose of the officer to write a citation... not so that he can fish more information out of you. In your question, the officer is asking about speeding (the reason for the stop) which he is entitled to do without Miranda (I think it falls under Terry V Ohio), but you are not obligated to answer. If the officer witnessed a violation, he may write you a citation for it. If he needs to fish more information out of you, then it was probably a bad stop to begin with.
I don't know how I can intervene for you but if you need to call me my number is 770-899-7862 John. Please erase this message when you read it so my phone number is not plastered all over.
Moose I have a question: If a police officer stops you for speeding, you are not free to leave so you have been detained (vs arrested). If he then questions you about your speeding and you say admit to using the cell phone while you were speeding he will charge you with Unlawful Distraction (here in GA). Why would your "confession" be admissible? You were both detained and being questioned about a crime (speeding) without the benefit of Miranda.
You are welcome. Good luck on your business venture. Hit the thank you button on the post, I get reputation points that way.
. . . I have a hard time believing you are a college student, even a community college student, even a high school graduate. . . but, I do commend what you most likely are, and that is studying for the GED. Have fun in jail. AND also, you are DOOMED!
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