Can my children be charged with burglary if they were outside the building?

Full question:

My son's were found in the parking lot of an abandoned warehouse as they were rounding the corner of the building from the rear to the front. They were intercepted by three police officers. The police officers not only had their weapons drawn but immediately pointed them at my children, ages 16 and 12 upon which time they ordered them to freeze. They then ordered them to the ground; my eldest was a little faster however, my youngest was obviously not acting rapidly enough and after getting to his knees was helped the rest of the way to the ground by the foot of one of the officers. They were immediately handcuffed, patted down and placed in the rear of a cruiser. The officers then told them they were under arrest for burglary and vandalism. My questions are as follows: 1. Since they were found outside of the building and there was no proof that they had been in the building, does this not constitute more of a trespass charge. 2. Since they were never asked if they had entered the building, is it not presumed that they are innocent until proven guilty? 3. What constitutes excessive force and what actions are acceptable for police officers to exhibit?

• Category: Criminal
• Subcategory: Minors
• Date: 04/07/2025
• State: Florida

Answer:

1. For a burglary charge, the prosecutor must prove that your children entered the building with the intent to commit a crime. Trespass involves entering property without permission.

2. The presumption of innocence applies in court, not during an arrest. Officers need probable cause to make an arrest.

3. Excessive force is evaluated based on 'objective reasonableness.' This means the officer's actions must be reasonable given the situation, regardless of their personal beliefs. Factors include the severity of the suspected crime, whether the individuals posed a threat, if they resisted arrest, or if they tried to flee.