R.L.L., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-04-10
No. 84-1900
DANAHY, A.C.J., and HALL, J., concur.
466 So. 2d 1230 Florida District Court of Appeal, Second District (1985) Negative Treatment
Cited by 8 cases

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Synopsis

A juvenile was adjudicated delinquent for obstructing a police officer and possessing marijuana. The appellate court affirmed, holding that officers lawfully detained the appellant during an investigation of his companion's apparent violations, and his flight constituted obstruction under Florida law.


Holding

The court held that the officers lawfully detained appellant under the Stop and Frisk Statute based on the circumstances present, including his presence in a car with a person in apparent violation of both a municipal ordinance and drug statute. Appellant's flight contrary to the officers' instructions obstructed the officers in the performance of their legal duty, constituting a violation of section 843.02.


Headnotes

[1] A police officer may briefly detain an individual against their will when the circumstances warrant further investigation, even if the individual has not committed a crim…

[2] An individual's flight from police officers, contrary to their instructions, can constitute obstruction of a police officer in the lawful execution of their duty.

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Key Quotes

“Appellant was present in a car with a person who was in apparent violation of a municipal ordinance and a drug statute. Although defendant's presence in itself might not have been probable cause sufficient to justify an arrest, the circumstances were such that the officers were entitled to briefly detain appellant while they pursued their investigation.”

Establishes the legal standard that presence alone is insufficient for arrest but permits brief detention based on totality of circumstances

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Facts & Procedural History

Police officers observed a parked car with appellant in the passenger seat and a woman driving. They saw the woman appear to hide something and notice…

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Opinion of the Court
LEHAN, Judge.

LEHAN, Judge.

Appellant was adjudicated delinquent based on his acts of obstruction of a police officer and possession of a felony amount of marijuana. Appellant alleges that the adjudication as to the obstruction charge was improper. He does not challenge the adjudication concerning the possession charge. We affirm.

Two police officers were on patrol when they saw a parked car with appellant in the front passenger seat and a woman in the driver’s seat. The officers saw the woman appear to hide something and, as they approached the car, could see an open can of beer by the woman’s leg. Because this was a violation of a municipal ordinance, the officers requested identification from the two people in the car. As the woman searched her purse, one officer saw what appeared to be a bag of marijuana in the purse. The officers asked both people to step out and stand at the rear of the car. One officer read both people their Miranda1 rights. At that point, or shortly thereafter, the appellant ran away while the officers were concentrating their attention on the woman. The officers later found twenty bags of marijuana on the floor of the passenger side of the car. The marijuana was in a hat identical to one that appellant had been seen wearing on numerous prior occasions.

The trial court found that appellant had violated section 843.02, Florida Statutes (1983), which provides that it is a misdemeanor to obstruct or oppose any officer “in the execution of legal process or in the lawful execution of any legal duty,” without the use of violence. Appellant contends that the officers in this case were not executing any legal duty because appellant was not under arrest at the time he left nor was there any reason for the officers to believe that appellant, as contrasted with his companion, had committed a crime. Appellant argues that without such a reasonable belief the officers had no grounds on which to detain appellant under the Stop and Frisk Statute, section 901.151, Florida Statutes (1983).

We disagree with appellant’s contentions. Appellant was present in a car with a person who was in apparent violation of a municipal ordinance and a drug statute. Although defendant’s presence in itself might not have been probable cause sufficient to justify an arrest, the circumstances were such that the officers were entitled to briefly detain appellant while they pursued their investigation.

There is nothing in the Constitution which prevents a policeman from addressing questions to anyone on the streets. Absent special circumstances, the person approached may not be detained or frisked but may refuse to cooperate and go on his way. However, given the 'proper circumstances, such as those in this case, it seems to me the person may be briefly detained against his will while pertinent questions are directed to him. Of course, the person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation.

Terry v. Ohio, 392 U.S. 1, 34, 88 S.Ct. 1868, 1886, 20 L.Ed.2d 889, 913 (1968) (White, J., Concurring) (emphasis added). Appellant has not raised any issue concerning the reasonableness of the length of his detention by the officers.

Under the circumstances of this case, the officers had a right to detain appellant. Appellant’s running away, contrary to the officers’ instructions, obstructed the officers in the performance of their legal duty. Accordingly, the trial court correctly found that appellant violated section 843.02.

Affirmed.

DANAHY, A.C.J., and HALL, J., concur. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).


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Citator

Cited By

  • C.K. v. State, 487 So. 2d 93 (Fla. 3d DCA 1986)
    …ny offense. Neither at the time when appellant was ordered to remain where he was nor when he was arrested was there an articulable suspicion that he had committed, was committing, or was about to commit a felony or misdemeanor. R.L.L. v. State, 466 So. 2d 1230 (Fla. 2d DCA 1985), relied upon by the State, is, as appellant argues, clearly distinguishable. In that case the juvenile was in a vehicle with a person who was in apparent violation of a municipal ordinance and drug statute.1 It was held there that…
  • State v. Shantavious Augusta Wilson, 725 So. 2d 1143 (Fla. 2d DCA 1998)
    …to stop and ran from the officers that he was apprehended and searched. Under these circumstances, ap-pellee obstructed the officers in the performance of their legal duty in violation of section 843.02, Florida Statutes (1997). See R.L.L. v. State, 466 So. 2d 1230 (Fla. 2d DCA 1985). Appellee’s arrest for opposing an officer without violence and the resulting search were therefore proper. Accordingly, we reverse and remand for further proceedings. FRANK and GREEN, JJ., concur.…
  • C.W. v. State, 528 So. 2d 66 (Fla. 3d DCA 1988)
    …spicion that defendant might be engaged in criminal conduct were justified in detaining him for questioning and, once defendant resisted detention, officers were justified in arresting him for resisting an officer without violence); R.L.L. v. State, 466 So. 2d 1230 (Fla. 2d DCA 1985) (where police officer justified in detaining juvenile, his running away contrary to instructions of detaining officer obstructed officer in performance of his legal duty and provided basis for adjudicating juvenile delinquent for…

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