Homeless man could get 5 years for wearing handcuff keys

Homeless man could get 5 years for wearing handcuff keys

www.miamiherald.com

BY DAVID OVALLE
[email protected]
For wearing handcuff keys on a necklace draped around his neck, a homeless Miami Beach man could face years in prison.

Prosecutors on Tuesday formally charged Michael Gonzalez, 22, with disorderly intoxication, marijuana possession and two counts of possession of a concealed handcuff key -- a third-degree felony punishable by up to five years in prison.

``It's an actual felony,'' prosecutor Barbara Teresa Govea explained to Miami-Dade Circuit Judge John Thornton, who questioned the charge.

``There's got to be some kind of constitutional v

(visit the link for the full news article)

Wow, all I can say is this is absolutely incredible. Five years for having handcuff keys? That makes as bout as much sense as giving five years for having a metal file, or five years for having a bake pan or a cake mix to conceal the file in! Talk about an incredibly dumb statute voted into law on emotional reaction that stems back 10 years to when a man in custody freed himself with secreted handcuff keys and murdered two sheriff’s deputies.

Hopefully this homeless man will find his public defender up to the task of sparing him the penalties of carrying concealed handcuff keys on a necklace as a charm tucked underneath his shirt.

This is such an idiotic law, even I can hardly think of where to begin denouncing it. Anyone else up for a try?


www.miamiherald.com
(visit the link for the full news article)

How can that be a crime? Handcuffs are sold all over the place. All this time having a key to them has been illegal?

For their sake I hope there are a string of equally asinine laws banning ownership and sale and use of handcuffs. Even the ones with the fluffy pink covers sold at the porno shop. And be sure to search the homes of anyone who may have ordered a pair from a retailer.

Stupid government.

Actually, the Florida Legislature passed the law after the 1998 murders of two Tampa deputies and a state trooper. Hank Earl Carr shot and killed them after he escaped his cuffs using a universal handcuff key hidden on a necklace.

Gonzalez was arrested Aug. 16 after Miami Beach police said he was harassing women on the South Beach sand. In a report, Officer Errol Vidal wrote that he found a small amount of marijuana in the man's pocket and ``two handcuff keys concealed under his shirt on a necklace.''

Also under Gonzalez's shirt: a tattoo on his right shoulder, with the word ``anarchy'' and shooting flames.

You have to wonder what upset the police and prosecutors most in this case, the handcuff keys alone or the ‘Anarchy’ tattoo.

It won’t be long until some tattoos are illegal at this rate.

Imagine what charges they might have worked up for having a ‘Don’t tread on me” bumper sticker or T-shirt?

Originally posted by thisguyrighthere
How can that be a crime? Handcuffs are sold all over the place. All this time having a key to them has been illegal?

For their sake I hope there are a string of equally asinine laws banning ownership and sale and use of handcuffs. Even the ones with the fluffy pink covers sold at the porno shop. And be sure to search the homes of anyone who may have ordered a pair from a retailer.

Stupid government.

That's the scary thing is that most handcuff keys are universal handcuff keys, that fit almost any handcuff. I have handcuff keys myself on my key ring of the kinky not law enforcement kind.

It stuns me to think that for years and years that they have been on my keychain at any time I could have been charged with a 3rd degree felony punishable for up to five years in prison!

reply to post by ProtoplasmicTraveler


It seems as though hand cuff key concealment is sort of silly. Dont police handcuff you, palms facing away from your back with no room for you to really use one even if you had it?

Im always surprised at the things these people will put others in prison for.

Originally posted by ProtoplasmicTraveler
You have to wonder what upset the police and prosecutors most in this case, the handcuff keys alone or the ‘Anarchy’ tattoo.

My guess it was their own incompetence and lack of doing a thorough search before placing him in the car that upset them so much.

I thought they put that protective barrier between the front and rear seats to guard against their own mistakes?

Thats why your supposed to hide the keys in the sole of your shoe.

Originally posted by Miraj
reply to post by ProtoplasmicTraveler

 

It seems as though hand cuff key concealment is sort of silly. Dont police handcuff you, palms facing away from your back with no room for you to really use one even if you had it?

Im always surprised at the things these people will put others in prison for.

Escape artists like Harry Houdini and David Blaine and other magicians would have little trouble dropping a handcuff key from their mouth onto the seat and then just scooting about until they could get it in a hand. Even with out being able to see with your hands behind your back it would be just a matter of wrist manipulation and finger dexterity and not dropping it between the cracks in the seat.

You know what they say necissity is the mother of invention!

reply to post by ProtoplasmicTraveler


Why should any of the two things upset the cops in the first place? What is this Nazi-Germany? I can have whatever i want tattooed on my butt, forehead or wherever.

Well if he s beeing sentenced to prison he would not have to care about getting something to eat at least.

Still... a frigging outrage

Originally posted by thisguyrighthere

Originally posted by ProtoplasmicTraveler
You have to wonder what upset the police and prosecutors most in this case, the handcuff keys alone or the ‘Anarchy’ tattoo.

My guess it was their own incompetence and lack of doing a thorough search before placing him in the car that upset them so much.

I thought they put that protective barrier between the front and rear seats to guard against their own mistakes?

Well a smart person would undo the cuffs but make it look like they were still cuffed until they opened the door to take them out.

With the element of surprise on your side and the police feeling likely pretty secure once they had you at their station or jail, they likely wouldn't be too gaurded thinking you were cuffed and then it's just a matter of disarming someone's holstered weapon.

Evidently it has been done, that's why they made the law, but it's a stupid law.

Originally posted by DrumsRfun
Thats why your supposed to hide the keys in the sole of your shoe.

Spoken like a true master of disguise Super Squirel.

I bet you keep your acorns and cell phone there too huh?

My wife and I both have a good key on our keychains!! We must be a crime syndicate!!

This is a personal defense item. What if we are kidnapped, or our sex gets out of hand, and one of us passes out drunk while the other is still cuffed to the headboard!!

5 years?!? What constitutes a key? What if I make one, and I claim it is just an emblem?

reply to post by ProtoplasmicTraveler


I have carried handcuffs in my purse, and a handcuff key on my keychain and one in my wallet, for oh - 20 years or so.

It is every citizens' right to make a citizens arrest and you never know when this situation may avail itself to you. If, in the process of a citizens arrest it becomes necessary to detain someone, not having the handcuff keys seems like a bad bad thing.

Never had any issues with it, perhaps I should check some local laws now.

I also have a handcuff key on my key ring...I cannot imagine going to jail for something so stupid

Dear me!
The world has truely gone mad.

Poor guy, as if his life isn't bad enough.

Originally posted by Dynamitrios
reply to post by ProtoplasmicTraveler

 

Why should any of the two things upset the cops in the first place? What is this Nazi-Germany? I can have whatever i want tattooed on my butt, forehead or wherever.

Well if he s beeing sentenced to prison he would not have to care about getting something to eat at least.

Still... a frigging outrage

Here in South Florida where coconuts, bananas, oranges, grapefruits, avacados just to name a few literally fall off the trees and litter the sidewalks and roadways, you really would have to be a very picky homeless person to go hungry!

The truth is the police hate anyone or anything that questions their authority even when it is constitutional and constitutionally protected.

Adolf would be proud of all the progress Amerika has been making!

Originally posted by getreadyalready
My wife and I both have a good key on our keychains!! We must be a crime syndicate!!

This is a personal defense item. What if we are kidnapped, or our sex gets out of hand, and one of us passes out drunk while the other is still cuffed to the headboard!!

5 years?!? What constitutes a key? What if I make one, and I claim it is just an emblem?

Evidently most handcuff keys are universal in that the locking mechanisms are all tooled similiarly and a key to one set of handcuffs generally will unlock any set of handcuffs.

It's a crazy law that many of us I fear are guilty of violating.

Who would have thunk it, I had no earthly idea until reading this story!

Originally posted by Libertygal
reply to post by ProtoplasmicTraveler

 

I have carried handcuffs in my purse, and a handcuff key on my keychain and one in my wallet, for oh - 20 years or so.

It is every citizens' right to make a citizens arrest and you never know when this situation may avail itself to you. If, in the process of a citizens arrest it becomes necessary to detain someone, not having the handcuff keys seems like a bad bad thing.

Never had any issues with it, perhaps I should check some local laws now.

You would think it would be your constitutional right to do this.

Believe it or not consenting adults though don't have a right to consent to being bound by one another.

The law doesn't actually consider of you of 'sound mind' at that stage or grant you the right to be bound.

They call it kidnapping, when ever you restrain anyone unless of course it's for a citizens arrest which to my knowledge very rarely happens.

This law has been on the books for 11 years here in Florida and I never heard about it until reading today's Herald.

Chances are the homeless man being charged with it never heard of it either!

Originally posted by AnonymousMoose
I also have a handcuff key on my key ring...I cannot imagine going to jail for something so stupid

I have six different kinds of handcuff keys on my keyring. I wonder if I would get thirty years!

They probably would think I was born to escape!

I must confess I am a rebel!