Monthly Archives: April 2020

Do You Have to Wear Pants to Check the Mail?

  • Maryland Police Issued a Warning to people to wear pants when they check the mail
  • My legal advice: please wear pants

The Taneytown police department in Maryland was apparently having a lot of complaints about people checking their mail without pants on. It was enough of an issue that they had to announce a ‘final warning’ to residents to remind citizens not to check their mail whilst disrobed below the belt.

Funny sure, but there is a legitimate legal question there… is pantless mail-checking against the law. It just so happens that I have dealt with this specific matter before, so I may be the authority on it, at least in Florida. We had a case come in when I was a prosecutor; a man charged with indecent exposure for checking the mail sans pantaloons. My supervisor thought it was a good file, but I wasn’t so sure. We had an intern working at the office at the time, and I tasked him with the legal research. As I suspected, mere nudity did not rise to the level of indecent without some sort of lasciviousness. So, in Florida at least, pantless mail-checking is not criminal, without something else.

However, I recommend wearing pants when you go out for a couple of reasons. One, a less-informed law enforcement officer may think it is indecent, and you could go to jail until the legalities are sorted out. Also, I saw a guy get charged with indecent exposure for skinny dipping, because somebody said he was waving his winky at them. There’s room for dangerous misinterpretation if you are not wearing pants, so I’d advise everyone, if at all possible, to wear pants when they check their mail.

Lee County has made its First Arrest for a Violation of the Safer-at-Home Order

John Demeo via LCSO

Lee County made its first arrest of an individual for violating the governor’s ‘Safer-at-Home’ order. He was not arrested just for being away from his home for non-essential activities; he was also arrested for multiple other offenses. That is to say, he was going to jail anyway, not just for the violating the stay-at-home order.

John Demeo was first warned to stay away, after he allegedly got intoxicated and threatened his girlfriend. Officer’s told him not to call her, but he called her again while they were still at her home and threatened her while the officer was listening. They tracked him by cell phone GPS to a parking lot, but agreed to not arrest him, and waited for someone to pick him up. About 10 minutes later, they got another call from the girlfriend that John had returned. When they detained him, they discovered he already had an out-of-county warrant for a DUI violation of probation, and proceeded to arrest him for disorderly intoxication, criminal mischief (for damaged property) and the violation of the governor’s emergency order, all misdemeanors. He was held with no bond until he went in front of a judge, but was subsequently able to bond out.

Todd Helton Sentenced to Jail for DUI

Wanted to share this as a reminder to take Driving Under the Influence seriously. Colorado Rockies legend Todd Helton pled to a DUI and was sentenced to two days of incarceration, in addition to probation and classes and all of the other requirements of a DUI conviction. The article doesn’t say if he had any credit, he may have done those days the night he was arrested, but it just goes to show that even rich and famous don’t get a break on DUI.

It’s worth noting that even with the public health emergency, law enforcement is still on patrol, and will still arrest for DUI. Even if you don’t go to jail tonight… that doesn’t mean you aren’t facing jail time down the road. The cases are not getting dropped… just pushed down the road. Be safe, and don’t drink and drive!

What does this Safer-At-Home order mean for the Court System in Florida

The courts are still open, but very limited, as they have been for the last few weeks. The Florida Courts are still open, but for limited functions such as First Appearance, Arraignment, Bond Hearings, Injunctions/Restraining orders and some others. That means if you or a loved one get arrested, you can still seek the assistance of an attorney. While we’re locking up the physical office, you can still reach us by phone, 239-333-4686 or email: spencercordell@hotmail.com

Attorney Spencer Cordell, 239-333-4686