W.M., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the juvenile's conduct constituted disorderly conduct under the statute.
Police stopped a car based on a shots-fired call. The juvenile passenger shouted profanities at the officers, drawing a large, hostile crowd.…
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PER CURIAM.
This is an appeal from a juvenile delinquency adjudication for disorderly conduct as proscribed by Section 877.03, Florida Statutes (1985). The sole point urged on appeal is that the evidence was legally insufficient to prove the crime of disorderly conduct. We affirm.
The record reveals that two police officers stopped an automobile in which the respondent W.M. was a passenger. The stop, which was concededly a valid one, was made pursuant to a call about shots being fired from an automobile. The male occupants in the automobile, including the respondent, all got out and started running around shouting profanities at the police officers. The respondent shouted, “Why in the f— you stopping us? We haven’t did anything.” A hostile crowd of fifty to seventy-five people gathered which caused the officers to call for back-up police units.
Under these circumstances, we conclude that the respondent’s conduct in running around near the automobile shouting profanities at the police officers, which drew a large hostile crowd, constitutes disorderly conduct under the above statute. Plainly, this conduct, coupled with the shouted profanities, “ ‘tend[ed] to incite an immediate breach of the peace,’” State v. Saunders, 339 So. 2d 641, 644 (Fla.1976) (quoting White v. State, 330 So. 2d 3, 7 (Fla.1976)); stated differently, the shouted profanities m the context of this case amounted to “fighting words” within the meaning of the Saunders decision and were accordingly punishable under the disorderly conduct statute. See also White v. State, supra, at 7.
The juvenile delinquency adjudication under review is therefore, in all respects,
Affirmed.
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K.Y.E. v. State, 557 So. 2d 956 (Fla. 1st DCA 1990)…obstructing or opposing an officer without violence. ERVIN and WENTWORTH," JJ., concur. . See State v. Saunders, 339 So. 2d 641 (Fla.1976); L.J.M. v. State, 541 So. 2d 1321 (Fla. 1st DCA), review denied, 549 So. 2d 1014 (Fla.1989); W.M. v. State, 491 So. 2d 335 (Fla. 3d DCA 1986); Delaney v. State, 489 So. 2d 891 (Fla. 1st DCA 1986); C.J.R. v. State, 429 So. 2d 753 (Fla. 1st DCA), review denied, 440 So. 2d 351 (Fla.1983). . See e.g., D.C.E. v. State, 381 So. 2d 1097 (Fla. 1st DCA 1979), cert. denied, 386…
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Barry v. State, 934 So. 2d 656 (Fla. 2d DCA 2006)…ee, e.g., Marsh v. State, 724 [*659] So. 2d 666 (Fla. 5th DCA 1999) (affirming conviction for disorderly conduct because defendant’s “tirade” caused a crowd of more than ten people to gather, which raised concerns for officer safety); W.M. v. State, 491 So. 2d 335 (Fla. 3d DCA 1986) (affirming adjudication for disorderly conduct because defendant’s actions of yelling and running around the stopped car drew a hostile crowd of fifty to seventy-five people and resulted in the police calling for back-up due to sa…
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Fields v. State, 24 So. 3d 646 (Fla. 3d DCA 2009)…. . Although not the case here, a defendant's words may be sufficient to support a conviction for disorderly conduct when the defendant’s words cause a hostile crowd to gather and law enforcement officers develop safety concerns. See W.M. v. State, 491 So. 2d 335 (Fla. 3d DCA 1986).…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Saunders, 339 So. 2d 641 (Fla. 1976)
- White v. State, 330 So. 2d 3 (Fla. 1976)