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Tampa Criminal Attorney > Blog > Criminal Defense > Florida Cops Bust Chuck E. Cheese

Florida Cops Bust Chuck E. Cheese

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In July 2024, a man wearing a Chuck E. Cheese costume at a child’s birthday party was arrested and charged with three felony violations.

Photos and videos captured of the arrest almost immediately went viral on social media, and the Tallahassee Police Department later confirmed their authenticity.

TPD spokesperson Alicia Hill said officers “walked over with the intention of just walking outside to put handcuffs on him outside of public view.”

“But when they approached him, he immediately tenses up and resists, and so at this point they make the decision to put him in handcuffs, keeping in mind the safety of not only the customers, but the suspect, as well as the officers themselves.”

The man allegedly made fraudulent purchases with his ex-wife’s child support debit card. He initially denied using anyone else’s card, but later confessed to officers that he sometimes used a cousin’s card, identifying her only as “Key.”

Police also found a small amount of marijuana in his possession.

Credit Card Fraud

Any kind of fraud, credit card or otherwise, is basically lying for money. These elements are normally straightforward in credit card fraud cases. But that’s not always the case, giving a Tampa criminal defense lawyer some good options in these cases.

Vague or unrevoked consent could affect the “lying” element. Officers sometimes arrest people who fall out of favor with their employers and “fraudulently” use company-issued credit or debit cards. Usually, companies give individuals to use cards for “work-related” expenses, a broad category that could include almost anything. Furthermore, if Jim’s boss lets him use a credit card for a personal expense, that consent is usually effective until Jim’s boss revokes that consent.

Incidentally, the idem sonans doctrine often comes up in credit/debit card fraud cases. Idem sonans is Latin for “sounds alike” and Legalese for “close enough.”

If charging instruments incorrectly identify a credit card as a debit card, or vice versa, judges usually allow prosecutors some leeway to amend these documents. However, this latitude is not unlimited.

Additionally, prosecutors must produce the card’s owner in court. This additional requirement hampers many card fraud cases.

When they receive restitution, many card owners lose interest in these cases and don’t cooperate with prosecutors. In some cases, prosecutors can subpoena owners and force them to testify against their will. But this move isn’t always legal and usually causes quite a mess.

Possession of Marijuana

In the above case, officers most likely searched Chuck E. Cheese and found marijuana. These searches are illegal, unless officers had a valid warrant or a search warrant exception applied.

Officers rarely bother with search warrants in these situations. So, unless a search warrant exception is available, the exclusionary rule applies, and the judge must throw out the seized drugs or other evidence.

Common search warrant exceptions in arrest cases include a search incident to arrest and a consent search.

A search incident to a lawful arrest is limited to a weapons pat-downs. Usually, officers can only perform these searches if they reasonably believe the defendant has a weapon and reasonably believes the defendant is a threat. Consent is a voluntary and affirmative act. If they’re under arrest, many defendants don’t know they have a right to refuse the search, so they involuntarily agree to the search.

 Connect with a Hard-Hitting Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a free consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Virtual, home, and jail visits are available.

Source:

people.com/chuck-e-cheese-mascot-arrested-by-florida-cops-in-full-costume-as-kids-look-on-11778870

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