Ordinance 80-2234STOP AND FRISK
ORDINANCE NO. 80-2234
AN ORDINANCE OF THE CITY OF MIAMI BEACH
FLORIDA GOVERNING INVESTIGATORY STOPS AND
WEAPONS SEARCHES WITHIN THE CITY OF MIAMI
BEACH; PROVIDING FOR PASSAGE AS EMERGENCY
MEASURE FOR A PERIOD OF 60 DAYS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1 DECLARATION OF PURPOSE. This emergency measure is
adopted by the City Commission in response to wide-
spread crime and disorder within the City of Miami Beach, Florida.
The Commission finds, based on extensive testimony by law enforce-
ment officers, public hearings, complaints from citizens, and the
personal observations of Commissioners, that drug abuse, prostitu-
tion, drunkenness and criminal activity have become rampant in Miami
Beach. The Commission finds that the City is in imminent danger of
becoming the permanent haven for criminal elements. The Commission
further finds it necessary to set forth specific and constitutional
guidelines for police investigatory stops and weapons searches of
persons reasonably suspected of having criminal plans or purposes.
SECTION 2 STATEMENT OF AUTHORITY. The City Commission of the
City of Miami Beach enacts the following emergency
measure to protect life and property, pursuant to Chapter 166 Fla.
Stat. 1979 ("The Municipal Home Rule Powers Act"), and Sections 6,
9, 25 and 28 of the Charter of the City of Miami Beach.
SECTION 3 DETENTION. Whenever any police officer has, on the basis
of specific, objective facts and reasonable inferences
he may draw from such facts, a reasonable suspicion that a person has
committed, is committing, or is about to commit a criminal offense,
the officer may detain the person as follows:
(a) The officer may question the detained person concerning his
name and address and seek an explanation of his conduct. The
detained person may not be compelled to answer questions and
a refusal to answer shall not alone form probable cause to
make an arrest.
(b) Whenever a person is detained under the provisions of this
ordinance the officer shall, if not in uniform, identify
himself as a police officer. Any detention shall be limited
to a reasonable and necessary period of time and shall not
extend beyond the place where it was first effected or the
immediate area thereof. At the end of such temporary deten-
tion, the officer shall either arrest the person detained,
based on the probable cause belief that a crime has been,
is being, or is about to be committed, or the person shall
be released.
SECTION 4 SEARCH FOR WEAPONS. Whenever any police officer who is
detaining or is about to detain a person under the pro-
visions of this ordinance has a reasonable belief, based on specific,
objective facts and the reasonable inferences he may draw from those
facts, that the person is armed with a dangerous weapon he may search
that person. Such a search shall consist of a patting down of the
surfaces of the suspect's clothing and may only extend inside his cloth-
ing if the officer feels an object that reasonably seems to be a weapon.
Any evidence of a crime disclosed by a search made pursuant to this
section may be seized by the officer.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139
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SECTION 5 USE OF FORCE. A police officer may use only such
force as is reasonably necessary to carry out the
authority granted him by this ordinance and may not use deadly force.
SECTION 6 POLICE OFFICER DEFINED. A police officer, as referred
to in this ordinance, means and includes any sworn mem-
ber of the police department of this municipality.
SECTION 7 SEVERABILITY. If any section, sub -section, sentence,
clause, phrase, or portion of this ordinance is, for
any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity
of the remaining portions of this ordinance.
SECTION 8 EFFECTIVE DATE AND DURATION. This ordinance is
adopted as an emergency measure to take effect im-
mediately and shall expire within 60 days hereof.
PASSED and ADOPTED this 28th day of October , 1980.
ATTEST:
(SEAL)
City Clerk
Passed and Adopted as an Emergency Measure -October 28, 1980
APPROVED
LEGAL DEPT. a,
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OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139
ORIGINAL
ORDINANCE NO. 80-2234
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