FLORIDA DEP'T OF CHILDREN AND FAMILIES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Tillman v. State, 934 So. 2d 1263 (Fla. 2006)
  …. v. State, 715 So. 2d 1103, 1104 (Fla. 5th DCA 1998) (concluding that because no exigent circumstances existed and defendant could have been arrested only for misdemeanors, officers had no authority to demand entry into residence); K.A.C. v. State, 707 So. 2d 1175, 1176-77 (Fla. 3d DCA 1998) (concluding that officers had “well-founded suspicion” to detain juvenile for truancy). Gauging the “lawful execution” element by the law governing the duty undertaken is also consistent with precedent holding that the e…
• C.W. v. State, 76 So. 3d 1093 (Fla. 3d DCA 2011)
  …t N.H. at the time he was initially “stopped” was found to be of no consequence because the officers were engaged in the lawful exercise of a legal duty at the time he resisted or obstructed their efforts. Id. at 517. Similarly, in K.A.C. v. State, 707 So. 2d 1175, 1177 (Fla. 3d DCA 1998), this Court found that because law enforcement saw K.A.C., who appeared to be of school age, walking away from a school, and they had a legal duty to determine if K.A.C. was truant, and if so, to transport him to school, K.A…
• Rinaldo v. State, 787 So. 2d 208 (Fla. 4th DCA 2001)
  …uments, and the driver’s refusal to respond to these requests may constitute the misdemeanor offense of obstructing or opposing an officer. See § 843.02, Fla. Stat. (1991). See also Burkes v. State, 719 So. 2d 29 (Fla. 2d DCA 1998); K.A.C. v. State, 707 So. 2d 1175 (Fla. 3d DCA 1998); In the Interest of J.H., 559 So. 2d 702 (Fla. 4th DCA 1990); M.C. v. State, 450 So. 2d 336 (Fla. 5th DCA 1984). If a driver engages in obstructive conduct, in violation of section 843.02, then standard police detention and arrest…

Authorities Cited

• Hastings v. Demming, 694 So. 2d 718 (Fla. 1997)
• Martin Elecs., Inc. v. Glombowski, 705 So. 2d 26 (Fla. 1st DCA 1997)
• Dep't OF Educ. v. ROE, 656 So. 2d 507 (Fla. 1st DCA 1995)