F.B., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Juvenile's conviction for auto theft, burglary, criminal mischief, and resisting arrest reversed because mere presence at crime scene and flight, without more, is insufficient evidence of guilt, and officer lacked basis to detain juvenile before ordering him to stop.
Mere presence at the scene of a crime and flight therefrom is insufficient evidence to support an adjudication of delinquency, and an officer's command to stop cannot constitute resisting arrest when the officer lacks legal basis to detain the individual.
[1] Mere presence at the scene of a crime and flight therefrom is insufficient evidence to support an adjudication of delinquency for the underlying offense.
[2] An officer's command to stop cannot constitute the basis for a resisting arrest charge when the officer lacks legal grounds to detain the individual.
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Join FLexlaw to unlock all legal intelligenceF.B., a juvenile, was present at the scene of an automobile theft and fled when approached by police. The trial court found him guilty of car theft, b…
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PER CURIAM.
On the basis of evidence which showed only that F.B. was present at the scene of an automobile theft, and that he fled when approached by the police, the trial court found F.B. guilty of car theft, burglary of a conveyance, criminal mischief and resisting arrest without violence. We have previously held that a suspect’s mere presence at the scene of a crime and flight therefrom is insufficient evidence to support an adjudication of delinquency. M.F. v. State, 549 So. 2d 225 (Fla. 3d DCA 1989); J.W. v. State, 467 So. 2d 796 (Fla. 3d DCA 1985). Accordingly, the trial court’s find ing of guilt as to auto theft, burglary of a conveyance, and criminal mischief is reversed.
The trial court also found F.B. guilty of resisting arrest without violence for fleeing when ordered by the officers to stop. On the facts known to the officers in this case, however, there was no basis for detaining the juvenile as there was no founded suspicion that he was engaged in criminal activity. Where an officer has no basis to detain an individual, the individual’s action in ignoring an officer’s command to stop cannot constitute resisting arrest. Lee v. State, 368 So. 2d 395 (Fla. 3d DCA), cert. denied, 378 So. 2d 349 (Fla.1979).
The court’s verdict on the charge for resisting arrest without violence is therefore reversed.
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C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009)…State, 657 So. 2d 1246 (Fla. 1st DCA 1995) (concluding that juvenile’s presence at scene of automobile accident followed by flight when police approached was insufficient to justify finding juvenile resisted arrest without violence); F.B. v. State, 605 So. 2d 578 (Fla. 3d DCA 1992) (holding that juvenile’s flight from the scene of an automobile theft when ordered by police officers to stop was insufficient to support resisting arrest without violence). Under the majority’s reasoning in this case, the fact t…
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Slydell v. State, 792 So. 2d 667 (Fla. 4th DCA 2001)…one, such as flight of passenger of vehicle that goes into ditch, does not constitute obstructing an officer and does not give rise to well-founded suspicion of criminal activity under statutory prohibition against resisting officer); F.B. v. State, 605 So. 2d 578 (Fla. 3d DCA 1992) (juvenile’s flight when ordered by officers to stop was not sufficient to support finding of guilt as to resisting arrest without violence, where officers had no basis for detaining juvenile at time they ordered him to stop); Perr…
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S.G.K. v. State, 657 So. 2d 1246 (Fla. 1st DCA 1995)…14 (Fla. 2d DCA 1990) (citing Nelson v. State, 543 So. 2d 1308 (Fla. 2d DCA 1989)). Moreover, a defendant’s mere presence at the scene of a crime and flight therefrom is insufficient evidence to support an adjudication of delinquency. F.B. v. State, 605 So. 2d 578 (Fla. 3d DCA 1992). The instant facts present an even more compelling case as appellant merely fled from the scene of a minor traffic accident. As the trooper failed to articulate a reasonable suspicion of criminal activity for detaining appellant,…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- LEE v. State, 368 So. 2d 395 (Fla. 3d DCA 1979)
- J.W. v. State, 467 So. 2d 796 (Fla. 3d DCA 1985)
- M.F. v. State, 549 So. 2d 225 (Fla. 3d DCA 1989)