D.A., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Competent Proof cases and more on FLexlaw
PER CURIAM.
The appellant seeks reversal of an adjudication of delinquency based on the State’s failure to present evidence that the arresting officer was performing a legal duty under a valid pickup order. The legality of an arrest is an essential element of the charge of resisting arrest without violence under section 843.02, Florida Statutes (1993). Lee v. State, 368 So. 2d 395 (Fla. 3d DCA 1979) cert. denied, 378 So. 2d 349 (Fla.1979). The officers’ testimony that the appellant was arrested under a valid pickup order, without the order itself introduced into evidence, was not competent proof that the order was indeed legally valid. See Smith v. State, 546 So. 2d 459 (Fla. 4th DCA 1989).
Based on the record and the State’s concession, we reverse the appellant’s adjudication of delinquency.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
S.P. v. State, 833 So. 2d 267 (Fla. 3d DCA 2002)…me against a person or a crime against certain property in the vicinity.” D.A., 471 So. 2d at 151, 152. II. Since the arrest for loitering and prowling was therefore invalid the charge of resisting that arrest likewise cannot stand. D.A. v. State, 636 So. 2d 863 (Fla. 3d DCA 1994); Lee v. State, 368 So. 2d 395 (Fla. 3d DCA 1979), cert. denied, 378 So. 2d 349 (Fla.1979). For these reasons the adjudications under review are reversed with directions to dismiss the proceeding. Reversed and remanded with direc…
-
D.W. v. State, 40 So. 3d 782 (Fla. 3d DCA 2010)…his ease the State alleged that the “lawful execution of ... [a] legal duty” was the arrest of D.W. pursuant to a pickup order. Where that is the State’s theory, case law requires the State to introduce the pickup order into evidence. D.A. v. State, 636 So. 2d 863, 864 (Fla. 3d DCA 1994) (citing Smith v. State, 546 So. 2d 459 (Fla. 4th DCA 1989)). The purpose of the rule is to establish that there was a legally valid order on the date of the arrest. D.A., 636 So. 2d at 864 (“The officers’ testimony that the a…
-
J.C. v. State, 205 So. 3d 830 (Fla. 2d DCA 2016)…005) (“[T]he crime of resisting an officer without violence requires proof that the arrest was lawful.”). “The legality of an arrest is an essential element of the charge of resisting arrest without violence under section 843.02.... ” D.A. v. State, 636 So. 2d 863, 864 (Fla. 3d DCA 1994) (citing Lee v. State, 368 So. 2d 395 (Fla. 3d DCA 1979)). The State argues that the arresting officer was engaged in the lawful execution of a legal duty when he attempted to detain J.C. on May 10, 2014, for violating his pr…
Previewing 3 of 4 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)
- Smith v. State, 546 So. 2d 459 (Fla. 4th DCA 1989)