J.A., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court reversed a juvenile's adjudication for obstructing an officer without violence because the undisputed facts failed to establish that the child unlawfully obstructed officers in the exercise of their legal duty, as flight alone does not constitute obstruction or create reasonable suspicion of criminal activity.
Flight from police does not constitute obstructing an officer without violence under Florida Statute 843.02, nor does flight alone establish the reasonable suspicion necessary to justify an investigatory stop.
[1] Flight from police alone does not constitute obstructing an officer without violence under Florida Statute 843.02 and does not establish the well-founded, articulable sus…
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Join FLexlaw to unlock all legal intelligence“An investigatory stop requires a well-founded, articulable suspicion of criminal activity.”
Court citing Popple v. State regarding the legal standard for investigatory stops.
J.A., a child, was found in violation of obstructing an officer without violence after running from officers during an investigatory stop. The stipula…
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BLUE, Judge.
J.A. appeals from the order finding him in violation of section 843.02, Florida Statutes (1993), for obstructing an officer without violence. He argues that the trial court erred in denying his motion to dismiss filed pursuant to Florida Rule of Juvenile Procedure 8.085(a)(6) because the -undisputed material facts did not establish a prima facie case of guilt. We agree and reverse.
The stipulated facts contain no showing that J.A. unlawfully obstructed the officers in the exercise of their legal duty. The facts show that once the officer directed J.A. to stop, an investigatory stop occurred. “An investigatory stop requires a well-founded, articulable suspicion of criminal activity.” Popple v. State, 626 So. 2d 185, 186 (Fla.1993). The record contains no founded suspicion of criminal activity on the part of J.A. Even though J.A ran from the officers, flight alone does not constitute obstructing, nor does flight itself give rise to a well-founded suspicion of criminal activity. F.E.C. v. State, 559 So. 2d 413 (Fla. 2d DCA 1990). Under the particular facts of this case, the court erred in denying J.A.’s motion to dismiss.
Accordingly, we reverse the order denying JA.’s motion to dismiss and remand with directions to discharge him.
THREADGILL, C.J., and FULMER, J., concur.
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Citator
Cited By
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Slydell v. State, 792 So. 2d 667 (Fla. 4th DCA 2001)…. 2d 797 (Fla. 2d DCA 1996) (flight alone does not give rise to well-founded suspicion on part of police officer that defendant was engaged in criminal activity, so as to justify detention; nor does it constitute obstructing officer); J.A. v. State, 679 So. 2d 843 (Fla. 2d DCA 1996) (“Even though J.A. ran from the officers, flight alone does not constitute obstructing, nor does flight itself give rise to a well-founded suspicion of criminal activity.”); S.G.K v. State, 657 So. 2d 1246 (Fla. 1st DCA 1995) (fli…
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E.A.B. v. State, 964 So. 2d 877 (Fla. 2d DCA 2007)….A.B. was engaged in criminal activity, the deputy was not lawfully executing a legal duty when he ordered E.A.B. to stop. Therefore, E.A.B. could not be guilty of obstruction when he fled in defiance of the deputy’s order. See, e.g., J.A. v. State, 679 So. 2d 843 (Fla. 2d DCA 1996) (holding that when officer lacks well-founded, articulable suspicion of criminal activity to justify an investigatory detention, defendant’s flight does not constitute obstruction without violence). Accordingly, we reverse the del…
Authorities Cited
- Tedd J. Popple v. State, 626 So. 2d 185 (Fla. 1993)
- F.E.C. v. State, 559 So. 2d 413 (Fla. 2d DCA 1990)