PEMBROKE PINES, Fla. — Pembroke Pines Commissioner Jay D. Schwartz will not face criminal charges after a state investigation found that his conduct during a May 21 student search at Charles W. Flanagan High School amounted to a “technical violation” of Florida law, but did not provide enough evidence for a criminal prosecution.
According to a closeout memo obtained by Local 10 News Thursday, the Florida Department of Law Enforcement referred the case to the Broward County State Attorney’s Office Public Corruption Unit on July 16.
The investigation stemmed from a May 21 complaint from the Pembroke Pines Police Department, alleging that Schwartz impersonated a law enforcement officer while questioning students at Charles W. Flanagan High School.
During the incident, authorities said Schwartz allegedly pulled a police-style badge from his wallet and confronted several students, asking them about marijuana and questioning where they worked.
He was later identified as an adjunct instructor from Embry-Riddle Aeronautical University, teaching aviation courses at the high school.
Back in May, Local 10 News obtained sworn statements from school officials and students.
Flanagan Principal Brad Fatout said Schwartz admitted there was no reasonable suspicion to question the students.
“Staff require reasonable suspicion to initiate an investigation,” Fatout said at the time, noting that only school security is authorized to search students.
“The confrontation lasted between three and five minutes,” the student said, who later reported the incident to the School Resource Officer.
Authorities said a campus monitor confirmed observing the interaction, noting that Schwartz displayed a badge and made comments during the encounter.
However, the memo concluded that, while the conduct technically violated a Florida statute and reflected “poor judgment,” there was no evidence that Schwartz acted with the specific intent required for “criminal culpability.”
Officials said the badge identified Schwartz as a city commissioner, and he never explicitly claimed to be law enforcement.
“There is no reasonable likelihood of conviction,” the memo stated.
Read the closeout memo here:
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