Q: What can I do... To lift the trespass warning from a Public Park To sue Miami Beach and the Police Officer
I was working out at the 6th street workout area on the 24th of May at approximately 10 am,
I went to the shower to cool off when a Sgt. From the Miami Police Department stopped and went to where My belongings were, I went back to the workout area and told him that they where my belongings
and went to cool off, (In eyesight about 10 meters away)
The Sgt. told me I cant leave my belongings unattended and asked if I have a stayaway order
From Lummus park and also told me that we “the police are reclaiming the park.
At this point 2 other police officers and a park ranger arrived at the scene.
The Sgt. asked the other Sgt. to call in & check me, there was nothing.
I was upset with the way I was being treated and discussed the matter with the him and because I discussed with him, the Sgt. give me a stay away trespass warning for an infinite time,
(Because: I am aggressive and a threat to the public). This was also recorded on police body cam
A: There are not enough facts to be able to analyze your situation. However, rather than argue with people who carry guns and nightsticks, regardless of your rights to visit Miami/Dade public parks I strongly advise you NOT to return to any public parks that the police have told you to stay away from. You cannot litigate cases from the jail.
A: If everything you say is 100% true and you have left nothing out, and if the police will not have a different side of the story, then yes, you can legally challenge the police action as a violation of your constitutional rights. Before anything, request a copy of the police report about this incident as well as as videos of body cameras of all officers who had contact with you in the incident. Find out first how much that will cost. Then, retain an attorney to write a harsh letter to the police department demanding that it rescind the stay away order. If it refuses, a lawsuit may be filed seeking injunctive relief (an order telling the city to back off) and possibly money damages. Whether such a suit would be worthwhile will depend on various factors, including whether the police have a different side of the story that they can support with sworn testimony, photos, and/or recordings.
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