Marks said his client left her husband with their child, put a towel over her shoulders and walked out of the city-owned park. She was planning on going home to get a bathing suit when she was approached in the parking lot by a police officer.
"[The] police officer confronted her and started essentially quizzing her and demanding information from her, stating that she needed to put Mrs. Lovett's name in a database," Marks said.
Lovett, a Peruvian native who was granted American citizenship in January, speaks English, albeit "not perfectly," Marks said. She said she explained the situation to the officer and requested to speak with her husband. The officer allegedly denied that request and asked Lovett to produce her identification. She had none with her and told the officer it was in her car.
"I started shaking. I [felt] nervous. My son was inside [the] park with [my] husband. I was alone," Lovett said in an interview with ABC-affiliate WFTV. "[I was] very scared. I [had] never been arrested before."
A police report obtained by WFTV indicates Lovett did not give her name fast enough. As a result, she was taken into custody on suspicion of obstructing justice and resisting arrest.
"[The officer] took my client's arms and twisted them behind her back after handcuffing her," Marks said. "That caused some bruises to her arms and her hands. [She was] then escorted into the back of a patrol car and taken to jail."
Lovett sat in jail for about five hours before her husband could arrange to pay her $1,500 bond. The state attorney later dropped the charges without explanation.
"Legally, under the constitution of the state of Florida and the U.S., it is our position that Mrs. Lovett did not have to provide any identification information, but she never refused to do so," Marks said. "Obviously, [police] have a right to investigate crimes if there is a reason to believe somebody committed a crime, but there was no crime here."
Marks said he is also concerned about the city's alleged refusal to disclose information on the database into which the officer allegedly said she wanted to put his client's name.
I am fucking disgusted. The City of Tavares had better have to answer about that database question also. What the fuck is wrong with people?!