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Homeless man arrested for charging phone

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Published: Nov. 13, 2012 at 3:42 PM

SARASOTA, Fla., Nov. 13 (UPI) -- A Florida judge said a police officer did not have the authority to arrest a homeless man for charging his phone at a public picnic shelter.

Circuit Judge Charles Williams said Sarasota Police Sgt. Anthony Frangioni arrested Darren Kersey, 28, around 9:20 p.m. Sunday on a charge of theft of utilities for charging his phone in an outlet at the public picnic shelter at Gillespie Park, the Sarasota Herald-Tribune reported Tuesday.

Williams threw out the case Monday, saying Frangioni did not have the legal justification to arrest Kersey.

A police spokesman said officials are reviewing the case.

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