If you like fish and wildlife content, be sure to subscribe so you don't miss out on future videos. On September 15th, 2024, a deputy with Monroe County Sheriff's Office was on patrol when he observed individuals entering and exiting the water with a pole spear. >> Hey, you think he's gonna come back? >> He just got it. He's got it in his hand right now. He's walking towards the the shore. All right. Bye. Hey, come here. What? Why is that in the water? >> What? >> I'm deputy far. >> Yeah. >> Okay. >> With the sheriff's office. >> Okay. >> Okay. Why is that in the water? We put it the the for this one but put it you use it for anchor. >> Why? >> We went taking it back and we put this in the the water. >> I don't believe take it down. >> I don't believe you. >> Well, you don't believe. >> It's illegal to have this in the water. >> Since when? >> Since forever. Okay. Spear fishing in the upper keys is illegal. But I'm not I'm not a spear fishing. >> Possessing the spear gun or pulse. >> Possessing. >> Possessing. >> Can you show me that that law? Possessing. >> Possession. Yes. Possession. >> I don't think so. >> I I listen. I don't care what you think. I'm telling you. Okay. >> But what you say that doesn't mean that it's the truth? >> I need you both of your IDs. >> Why? >> For possessing the pole spear in the water. Okay. >> It's not illegal. >> It is illegal. Yes. Absolutely. It's illegal to take this in the >> into the water. Yes. In the upper keys. Yes. Absolutely. I need your ID. >> You cannot have that in the water. >> We are not free. We're not >> I don't care. You don't understand. I don't care. It's real simple. We can just go to jail. It's that simple for this. >> Yes. Absolutely. Do you think I'm playing with you? ID. >> What do you want? The ID. >> I want your ID. >> Okay. You understand that I've been watching, okay, before the rain even started. You have a ticklest stick net. You have a mask, a snorkel, and a pulse spear. I can see, >> but I don't I cannot have this here. I cannot have this here. >> Do you understand? There's cameras. Do you understand that I've been sitting next door for I don't know how long watching. >> What you say? I >> Do you want to see a video? >> Would you like to see the video? >> It's not a matter of video. You are telling to me that this this is illegal. >> I'm telling you that this in the water as soon as you enter the water is illegal. It's illegal. >> Even if you use this for put the mask and put this >> illegal. >> Show me on a marine violation in White Mar Beach. >> Where is your ID? ID. Come on. They don't want. >> It's in the golf cart or what? >> I guess it's in the golf cart. >> It's in the golf cart. They can pass it to to the through the fence. >> They have to go to the house to get the ID. >> Okay, then you can stay here with me. >> Huh? >> Stay here with me. >> If you want to do that or I can just get your name and date of birth. >> We don't have to go to the house. >> Okay. [Music] Are you ready? >> You have to understand that I've been here for a long time. I've been here. I've been sitting and waiting. Okay. >> Okay. I believe in you, but the my problem is not I don't believe in >> I shouldn't have to prove this to you, but I'm going to >> that I don't understand that this is illegal. >> Spearing upper keys, Florida State statue. >> You say I'm a spear fishing. I was not a spear. >> It doesn't matter. It's possessing. It is possessing the pole in the water. Okay. It's possessing the pole. >> That's illegal. >> You Yes. >> And why do they sell this? >> Why do they sell it? Because you can do it other places. You can't do it in the upper keys. Okay. You You have a phone. I'll give you the statute if you want. 3792425. Okay. That is the Florida State statute. Okay. It is arrestable. It's arrestable. As soon as you enter the water with this, it is arrestable. I'm not trying to arrest you. I don't want to arrest you. >> Okay. >> Okay. But I need you to understand the rules, the regulations, and the reason I am here. Okay? >> I am a super nice guy. I really am. Okay? I don't like to argue. I don't want to argue. I'm trying to tell you this is my job. >> Okay? >> I am Marine Patrol. I am a deputy that works on the water and around the water and preserves the resources of the Keys. Okay? I work in Isa Marada. This is my job. You understand that, right? >> Okay. What's your first name? >> Juan. >> And his name. O S B A L D O. >> We live here. >> Listen, I got You don't have to leave. I'm not telling you to leave. >> No, no, no. I'm just letting you know that we live here. That's it. >> That you live here? >> Yeah, we have a house here. >> You're not renting? >> No, we are not renting. >> Okay. And where what is your address here? >> Used to be here the whole weekend. I understand. It's not illegal to be here. It's not illegal to have lobster gear. It's not illegal to have any of that stuff. It is only illegal to put this in the water in the upper keys. That is what I'm trying to tell you. That is the reason why I am here. That is the only reason I'm here. Okay? Is because there is a spear in the water. You cannot possess the spear in the water. Okay? Now, if you unscrew that and stick it in the ground, you have no spear. Do you understand that? >> That's the technicality to it. Okay? If you unscrew it, it's just a pole. It's >> just a pole. That's not illegal. But you have a spear attached to it. You can't have the spear. Okay? >> So, let me ask you a question. I got a boat. I got a pole in the boat that got a a point. Is that illegal too? But put it for anchor. >> The No. No. That is a pole spear. This is a pole spear. >> But the pole that I got in the boat got a tip. >> Mhm. >> Got a tip. >> A sharp tip. >> And I use it for anchor >> with barbs >> in the sand bars in everywhere. >> What I'm saying is does it have barbs? >> This has >> This has the barbs. >> Ah, that's the problem. It's got barbs. >> Do you understand? >> Yeah, I got you. >> Okay. It's made for catching fish. That is the problem. That's the technicality. >> Made for catching fish. >> Do they don't have a key? >> Not going to respond. >> He does have a key. >> Yeah. >> Okay. >> I mean, if you want to wait here, that's or we can wait out there. That's up to you. Okay. I got to give you a piece of paper, though. Do you understand that? >> Okay. >> So, do you want to wait right here? and I'll be right back. >> You have your car out there? >> It's out there. Yes. >> And the paper you're going to give in the car? >> Yeah. >> Okay, let's go over there. >> Okay. Let me see the post spear please. Let me see the post spear please. >> Thank you. >> Okay. Are you gonna wait here? >> Yeah. >> Okay. I'm gonna pull the truck up here. Attorney, >> did you find the statute? >> Yeah, I I found that the possessions of spear equipment, they say >> possession of spear equipment, >> possession of a spear equipment and a spear gun is prohibited in Everglade National Park. This is not Everglade here. >> This is upper keys. It is a sanctuary. >> Everglade National Park. This listen it's not >> right national park >> and Florida State Park >> right this is not to be discussed here okay that's that's that's why it's criminal I'm just listen if I was that guy okay technically I could write him too cuz he's the one who came up with it I'm not going to do that I would I would write both of you but he's not the one that brought it in the water you have to understand I have been here since you guys left it in the water okay I've been here getting rained on sitting in the damn bushes, okay? Getting rained on, watching and waiting for you to leave that tiki hut and go back out there, okay? I have been sitting here for a very long time. This is my job. This is what I do. I sit I wait for a violation and then I go, okay, this is my job. I'm good at what I do. Okay? I've been here. I saw everything. That is why I'm not writing him. I'm only writing you. Okay? I have pictures and video of you guys entering that gate with the spear gun and you guys didn't even have it. Right. The lady did. Was that your wife? Right. >> Who was the female? >> Which female? There were three female. >> Right. The one carrying the pole spear in. >> Listen, that's not to be discussed now. Okay. Here's the deal. This is an arrestable offense. I am not arresting you. I don't want to arrest you. I've already explained that. Okay. Okay. >> All right. So, what I'm doing is giving you a piece of paper. This piece of paper comes with a court date. Okay. This is a written arrest. It's a court date. Okay. You have a court date >> on October 2nd, 2024 at 8:45 with Judge Hamilton. If you have any questions or cannot make your court date, there is a phone number here to call. Do you understand? >> Okay. >> Okay. Very good. So, what I need you to do is I need you to sign this citation. It is not an admission of guilt. It is just an understanding that you have a court date. >> Got it. Good. Okay. >> H hotel I India Lima Echo 35 H I L E35 should come back to white Toyota. >> Once again, I'm being as nice as possible about this. It is about the possession of the pole sphere in the water. You understand that, right? >> I've got it. >> Okay. No questions. >> No questions. >> All right, you guys are free to go. >> I just explained that to you. Did I not? Does he want a written arrest, too? >> Okay. I told you I'm not a bad guy. He's not the one that brought it out there about the paper. He said paper for him. I want for him for me. I said paper for you. >> Yeah, only for me. >> Only for you? >> Okay. >> In the end, Juan was charged with being in possession of a spear in a restricted area. He initially pled not guilty to the charge. Nearly 6 months later, he pled no contest and was sentenced to 6 months of probation with the possibility of early termination once all of the conditions have been met. The conditions included 24 hours of community service with the option to buy out at $10 per hour, the completion of a Florida fishing regulations course, and paying a total of $313 in fines and fees. His probation ended 2 and 1/2 months later. If you like this video and want to see more like it, subscribe to Arrest Cam. As always, thanks for watching.