Miami Beach Ordered to Pay Man $100,000 After Falsely Arresting Him for Looking Poor

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Miami Beach is a shallow place. The right car can get you laid. The wrong shoes can get you kicked out of a club. Hell, even the dive bars have dress codes. But can looking poor get you arrested?

It did for Dale Picardat. Now the city owes him $100,000.

You might have met Picardat without remembering it. The bespectacled 56-year-old serves suds to Dolphins fans at Sun Life Stadium.

The morning of August 21, 2009, however, he had a favor to do for his ex-wife. Picardat, carrying a bag of tools to install hurricane-proof windows, hopped on a bus headed from his house in Little Haiti toward her home in the ritzy gated community of Normandy Shores.

Dressed in jeans, a T-shirt, and a baseball cap, Picardat began walking toward his ex's house. Along the way, he passed local resident and Miami Beach Police Officer Glenn Teboe.

The cop pulled his squad car alongside Picardat and demanded to know if he lived in the area. Picardat said no. When Teboe asked him if he worked in the area, Picardat said, "What's with all the questions?" according to Teboe's report.

The bartender gave his name but wouldn't hand over his ID or his bag. He asked for his attorney. Instead, he got handcuffed.

Teboe arrested Picardat for loitering/prowling and resisting an officer. He wrote in his report that Picardat "could (or would) not dispel my fear for safety of property and citizens." Picardat says the cop just wanted to search his bag illegally and got mad when he refused.

"I was just minding my own business and walking," says Picardat. "But Teboe just saw a guy with a bag and who looked like he didn't belong."

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33 comments
dpicardat
dpicardat

Good job everyone for voicing an opinion. 

Today I notarized the final settlement and next to me was someone that looked poor and could not afford the fees..... I reached out anonymously and covered their expense.

 Maybe a little kindness is something to think about before jumping to conclusions.

My door is open for the curious and those in need of guidance.

Also for those that have asked for my attorney's name: It is Allison J. Leonard ( Patino and Assoc. ).

Dale L. Picardat, Jr.

trishthedish
trishthedish

Considering that Miami is such an eclectic and transient city that thrives on sun burnt tourists pouring their money into locally owned establishments, it would be a nice thought to think the City of Miami Beach Police Department would learn from this lesson and be a little bit more accepting of someone that doesn't look like your run of the mill Joe Shmoe.  Even if the guy was homeless, he did nothing to warrant the arrest or the subsequent beat down by the corrections officer. Come on people, we all just want to be loved!

flamengo1265
flamengo1265

The real crime here is that a cop, who obviously sucks at his job, has just cost the taxpayers who pay his salary an extra $100,000 (plus attorney's fees for both sides)......and since he is a member of a public servants union he doesn't have to worry about being fired, suspended or reprimanded.

liz2013
liz2013

What's so wrong with just answering the police's question? Just say that your ex-wife lives in the neighborhood and you're helping her out with the house. What's the big deal? That would have been a 2 second conversation and the guy would have been on his way.... 

I guess people just like to cause trouble and put forth frivolous lawsuits. 

Diana Michelle Almonte
Diana Michelle Almonte

"We all have constitutional rights," he says. "If cops do something wrong, you have to stand up to them. The Constitution doesn't benefit you in any form if you don't use it."

Don Ramon
Don Ramon

ONE STUPID COP AND IGNORANT COP DOESN'T DEFINE ALL OF MIAMI BEACH....

Tony Miller
Tony Miller

Normally I'm against litigation and payouts but this is awesome. All the people that say "why not just give the cop I.d. and let them search the bag" are missing the point. You have rights. The police are to enforce laws not violate your rights.

David Walker
David Walker

Such a beutiful city with such a nasty plague.

Edward Delatorre
Edward Delatorre

wish we had more people like him standing up for out rights.

Midas Wilder
Midas Wilder

Miami Beach needs to get their shit together. Or tourists will stop coming down there.

limpindrummer
limpindrummer

The moral of the story is that police who don't respect the law are not entitled to any respect from the public who they are supposed to protect, not harass and abuse.  It's no mystery why the public doesn't trust the police - lack of integrity, and disrespect for the law by the police.  JUST ONE IS TOO MANY!  Until police employers are given sufficient motivation to properly train and weed out bad police, by being forced to "sufficiently" pay for the unlawful conduct of their police employees, police will continue to break the law and abuse their authority. 

internetinternet
internetinternet

Moral of the story is never question a police officer.  Just produce identification and move on. 

limpindrummer
limpindrummer

The 1st Amendment protects the freedom of speech, and the freedom not to speak.  The 5th Amendement also protects the freedom not to speak.  Electing to exercise these rights is not grounds for a stop or an arrest.  Unless the police officer otherwise has a reasonable suspicion, or probable cause, then he should STFU AND MOVE ON!

redrock435
redrock435

@liz2013  Your a very weak person and you would let people walk all over you!

dpicardat
dpicardat

@Kristen Ledesma 

Kristen, Thank you, there has been justice.

Dale L. Picardat, Jr.

dpicardat
dpicardat

@Kyle Stevens 

Kyle, that was a nice response.  If my exposure helps one person, I have done my job.

dpicardat
dpicardat

@Diana Michelle Almonte 

Hi Diana, Thank you. There is a case called Golphin v Florida, and it has given the Police Officers the right to approach anyone on the street to search or seize anything as long as the person does not say "no" **** Notice the police officer's gun, taser, and badge; and the officer says: do you mind if I look in your bag? What does the average person do? Your not protected by the Constitution is you don't exercise your right and say no. The problem is, when you say no, you still get arrested.

Dale L. Picardat, Jr.

dpicardat
dpicardat

@Jorge Luis Ramon 

Jorge, you are 100 percent right.  There are very good police officers on Miami Beach

I'll give you and example, there is one great police officer and he recently retired.  Bernie worked at the Jackie Gleason, and he always went out of his way to shake my hand. Can't say enough about him.

Dale L. Picardat, Jr.

dpicardat
dpicardat

@Tony Miller 

Thanks Tony,

How do police officer look into one's bag? The officer has to ask and then showing a bag must be consensual.  If that does't work, the person must be arrested and then the bag can be opened under "incident to arrest". Here, I was arrested, the bag was opened and to the officer's surprise there was an umbrella, two books, a camera, a little plaster to fix a hole, a small brand new drill bit still in the original package, and nothing for the police officer to hang his hat one.  Then a fictitious story was developed to justify the arrest. The illegal search and seizure now becomes loitering and prowling.

Thanks for your comment, Dale

dpicardat
dpicardat

@David Walker 

David, Miami Beach is a beautiful place for beautiful people.

dpicardat
dpicardat

@internetinternet 

No, that is incorrect....Police officers are trained to stop and ask for ID; the ID is designed for identification, however, the police do not ask to identify; the purpose is more: to run a background check to find something or anything to arrest. Moreover, holding an ID keeps a person from leaving because they generally don't know how to say: give me my ID back and let me go on my way. To compel an ID invokes constitutional safeguards, however invoking your constitutional rights most likely will send you directly to  jail without passing go. That's what happened to me.

Ray.Ping
Ray.Ping

@internetinternet Great advice! That was what America was built on. Don't question authority and let authority gang bang you. Tool.

dpicardat
dpicardat

@limpindrummer Thanks, There were several US Supreme Court rulings such as JL, Royer, and Bostic that justified my responses to the officer. As a side note, the officer arrested a man at gun point a few days before and at the suppresson hearing, the felon's history and the shotgun were suppressed for the same reasons you noted. That case did not help me, because I was the next victim necessary to give the police officer his award for the most arrests.

Dale L. Picardat, Jr.

liz2013
liz2013

@redrock435 @liz2013 Obviously you don't know me at all. Nobody that actually knows me would ever call me weak and I do not get walked over. 

However, there is such a thing as being unnecessarily confrontational for no reason whatsoever and understanding some boundaries of the real world. 

By the way, you might want to learn the difference between "your" and "you're". This only showcases a lack of education which serves to ensure that nobody will take you seriously. 

Here's a link to hopefully enlighten you, although I fear that particular cause is beyond hope. http://www.elearnenglishlanguage.com/difficulties/youryoure.html

dpicardat
dpicardat

@liz2013 @redrock435 

Hey Liz, you were right. It could have ended with a few answers.

However, the police officer responded to my first question with: " I don't give a ___k! And with that, my life changed forever.

Thanks for being an "A" personality.

Dale L. Picardat, Jr.

liz2013
liz2013

@redrock435 @liz2013 How very original of you. Don't worry this is the last time I respond to nonsensical commentary which should clearly be below my notice. Thanks for pointing that out to me.

redrock435
redrock435

@liz2013 @redrock435  Poor Liz can't make a point so she becomes the grammar police! I do like how you troll your posts though, shows a lack of a life and no education!

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