Quoted: The actual state of emergency explanations are in 870.045.... 870.045  Discretionary emergency measures.--Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, he or she may order and promulgate all or any of the following emergency measures, in whole or in part, with such limitations and conditions as he or she may deem appropriate: (1)  The establishment of curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing, and parking, except for the provision of designated essential services such as fire, police, and hospital services, including the transportation of patients thereto, utility emergency repairs, and emergency calls by physicians. (2)  The prohibition of the sale or distribution of any alcoholic beverage, with or without the payment or a consideration therefor. (3)  The prohibition of the possession on any person in a public place of any portable container containing any alcoholic beverage. (4)  The closing of places of public assemblage with designated exceptions. (5)  The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat, or airplane and necessary for the propulsion thereof. (6)  The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid. Any such emergency measure so ordered and promulgated shall be in effect during the period of said emergency in the area or areas for which the emergency has been declared. 870.048 is the charging statute. Throught this curfew my partner and I put about 15 people in jail over a 4 day period. The ones that went were either drunk, known criminals, people in possession of drugs or people that also had warrents. We used discretion in who went to jail. A carload of homeys, cruising the streets at 2am in an area with no power, with an excuse that they were looking for beer, is not going to fly.

No problem with that. I view that as "common sense" use of a curfew.

But what about ordering people out of restraunts by 8pm?

Also alcohol sales in PB county have been suspended no matter what time. You cannot buy beer in the grocery store right now.

Quoted: OK a  maybe a couple people didnt realize that a state of emergency was declared by the gov. These laws can only be used during that declaration.  And believe me discretion was used, at least with the group of officers I was with. It was not only impossible , but impractical to arrest everyone out after curfew, and the question would be why even do that. Like I stated earlier, only the people out with no valid excuse got arrested. Bringing water to your grandma, coming home a little late from a restaurant, hell even looking for gas up to a certain point was valid for me. Yes, I didnt wholly agree with closing the restaurants at 8pm. But the line had to be drawn somewhere. Preople were inconvenienced with that at the most. I think you will have a hard time finding an officer who will arrest a family that was a little late getting out of a restaurant. It didnt happen. Alchohol sales were reinstated on wednesday or thursday, and the whole curfew was lifted on Friday. There are still a couple barrier island towns that still ahve em, because most of these are still without power.

Perhaps you should look into the incidents I cited.

Officers went primarily to open businesses and ordered them vacated by 8pm under penalty of arrest. It was pretty widespread.

Quoted: Quoted: Sounds like a CoP on a power trip. Police Chief Michael Reiter apparantly ordered officers to go around to any open business and enforce the 8pm curfew county wide. Don't you mean CITY wide?  Palm Beach is a city in Palm Beach County.  They don't have county wide jurisdiction.

It is my understanding the Sheriff is enforcing the same curfew.

Here's some stuff in the news...

http://www.tcpalm.com/tcp/palm_beach_news/article/0,1651,TCP_1020_3169670,00.html

Curfews imposed during storm bring mixed reviews from residents

By Akilah Johnson
The Sun-Sentinel
September 9, 2004


West Boca -- They didn't plan to open, but knocking customers in search of California rolls and miso soup made the owners of Sushi Yama Japanese Restaurant reconsider the day after Hurricane Frances blew through.

They also didn't plan to close when they did, but the countywide curfew and insistent sheriff's deputies forced the doors shut just after 8 p.m.


"They said, `It's a law. You have to get out right now,'" server Kham Phom recalled Wednesday while taking orders. "My customers ran out without paying."

And with about 75 percent of the chairs full, that meant a loss of nearly $1,000 for the restaurant west of Boca Raton on Palmetto Park Road near Powerline Road, she said.

The Sheriff's Office is not apologizing for shutting down businesses open after curfew, which remained in effect Wednesday, though the hours had been changed to 10 p.m. to 6 a.m.

"It's not just for the community out on the road. Community businesses have to close down at curfew," sheriff's spokeswoman Diane Carhart said. "It's just something that needs to be done."

That means deputies have been riding through shopping plaza parking lots using their public address systems to tell people to go home. They have also set up checkpoints at major intersections.

Those stopped are given a chance to explain themselves, but the zero tolerance policy means there are few good reasons, one of which is traveling to and from work.

"They have to have credentials because we're making sure they are legitimate," Carhart said. "We have so much power out in our county and traffic lights out that we have to make ... people, property and businesses safe from looters."

Reactions to the crackdown -- about 400 curfew-breakers have been arrested since the start of the Labor Day weekend -- has been mixed.

Employees at Sushi Yama, which never lost power, think their customers should have at least been given time to pay or get their food to go.

A patron at Porterhouse Bar and Grill, which typically stays open until 5 a.m., joked that Tuesday was the first time in more than a decade that he'd been kicked out. And Peter Donovan, owner of Khaki's Bar & Grill, in the same plaza as Sushi Yama, said the curfew is really "no big deal."

The restaurant normally closes at 10 p.m. and had pretty much run out of food Monday when deputies forced them to close.

"He just stood here and yelled at everybody in the dining room: `Go home or you'll be arrested,'" Donovan said.

To make sure that businesses in the sheriff's jurisdiction comply with the 24-hour ban on alcohol and gun sales that goes along with the curfew, deputies are walking into grocery stores and bars dishing out stern reminders.

They did it at the Publix in the shopping plaza. Rumors that a beer made it through the checkout line set off searches of grocery bags.

Municipalities, many of which began banning people from the streets Friday, have used different enforcement techniques. Instead of using roadblocks, they patrol areas without power questioning those walking or driving around.

"Anything that moves, they're stopping," Boynton Beach Police Lt. Frank Briganti said.

Police officers in Delray Beach were lightening up on curfew violators Wednesday, but had zero tolerance for those who violate the alcohol ban after 10 p.m., Lt. Joe Milenkovic said.

"We certainly don't want people with alcohol in their system trying to maneuver through intersections with no power," he said. "People have a tough enough time driving when everything is up and working."



This is just sickening.

People are being arrested for coming home from work or going to work outside of curfew hours. People were searched for "a beer" and gun sales have been banned.


And remember this is all days AFTER the hurricane has hit.

I'd like to know under what suspension of the Constitution they managed a 24 hour ban on gun sales.

Well for what it's worth guys during the 60's and early 70's when Martial Law was declared regularly due to riots and near revolution, they had to be declared by the Governor of each state and called out by county.  This was usually accompanied by the call up of the National Guard.

This was a serious matter in those days.

I guess things are better now since about any elected yahoo can do it.

Tj

Quoted: Ask Gov Bush ~ he is the one who signed the executive order into place & it can't be undone unless there is another order. They can take what ever they want, from your house to your guns to your wife. . . and they can do whatever they want because ALL Constitutional rights are suspended. . . This is what my uncle is saying and he lives in Ft. Myers Got to check this out for myself though. . . don't beat me for this

I think you are wrong.

Palm Beach Police Chief Michael Reiter — who was designated acting town manager — declared a state of local emergency and activated a curfew from 8 p.m. to 7 a.m. for as long as necessary.

And it looks like the Sheriff did the same.

Quoted: Here on the Gulf Coast we had no such orders. Of course there were evacs of low areas, curfews, banning of liquer (for a very short time, still dont know why though), but ordering people out of restraunts? No sir! And believe me, the stores/restraunts that were opened and had power, food, A/C, cold drinks, ect.  were PACKED and God bless em for it! I am LEO and we had to do alot of directing of traffic for a good two weeks to keep everybody safe on the roads as well as LOOTER PARTOLS! As far as I'm concerned let the good people be armed. Cuts down on looting. Besides, we are republicans here on the Gulf Coast. We took a bigger hit here with Charlie and our citizens were not hearded out of restraunts like in Left Wing West Palm Beach Remember folks, there are a few bad apples out there. It doesnt mean the whole basket of apples is bad! Stay safe!

And that is why I'm pissed because these jackasses are the EXCEPTION to the rule.

We need more enforcement of the type you indicated.

Quoted: Is this the Palm Beach of "hanging chad" fame?

Yup same socilaists. But sadly many good people live there too.

Quoted: Quoted: Quoted: By what authority can the police do this? If you dont like what he is doing, pressure the city council to remove him, and hire a new police chief. If the council wont get rid of him, elect a new council. +1

Again, "I" don't live in PB County.

But I live close enough that this bothers me.