J.G.D., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A juvenile's adjudication for non-violent resistance to arrest was reversed because the police order to leave an apartment complex lacked justification, as the juvenile was lawfully present as a tenant's visitor and the abandoned trespass charge confirmed no wrongdoing.
A person has the right to non-violently resist an unlawful police order to leave premises where they are lawfully present as an invited guest.
[1] A person lawfully present on premises as an invited guest of a tenant may non-violently resist a police order to leave without committing the crime of resisting arrest wh…
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Join FLexlaw to unlock all legal intelligence“Because the order to leave and therefore the arrest for failure to obey that order were each unlawful, the juvenile had every right to resist without violence.”
Court's conclusion regarding the juvenile's right to resist an unlawful police command.
J.G.D., a juvenile, was at an apartment complex visiting a tenant when police ordered him to leave during an investigation of a burglary and disturban…
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SCHWARTZ, Chief Judge.
J.G.D. was adjudicated delinquent for non-violently resisting an arrest based on his failure to obey a police command that he leave an apartment complex where an unruly crowd had gathered while he was visiting a tenant. The order followed J.G.D.’s loud and profane, but likewise non-violent, protest of police actions in investigating a burglary and an ensuing disturbance at the building.
The record fails to show that the police order was, in these circumstances, justified by any cognizable wrongdoing on the part of the juvenile, either by his words, H.K. v. State, 711 So. 2d 173 (Fla. 3d DCA 1998); K.S. v. State, 697 So. 2d 1275 (Fla. 3d DCA 1997); L.A.T. v. State, 650 So. 2d 214 (Fla. 3d DCA 1995); S.D. v. State, 627 So. 2d 1261 (Fla. 3d DCA 1993), or, as shown by the fact that a trespass charge was abandoned, in his presence at the scene. See § 810.09(l)(a), Fla. Stat. (1997)(definmg trespasser as “[a] person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance”); Arbee v. Collins, 219 Ga.App. 63, 65, 463 S.E. 2d 922, 925 (1995)(“A landlord who arrests and prosecutes a person for trespass without inquiring as to whether the person had a right to be on the premises pursuant to invitation by a tenant does so at his own risk”).
Because the order to leave and therefore the arrest for failure to obey that order were each unlawful, the juvenile had every right to resist without violence. § 843.02, Fla. Stat. (1997).
The adjudication is therefore
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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H.A.P. v. State, 834 So. 2d 237 (Fla. 3d DCA 2002)…ice action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.’ ”) (quoting City of Houston v. Hill, 482 U.S. 451, 107 S.Ct. 2502, 96 L.Ed.2d 398 (1987)); J.G.D. v. State, 724 So. 2d 711 (Fla. 3d DCA 1999) (“Because the order to leave and therefore the arrest for failure to obey that order were each unlawful, the juvenile [*241] had every right to resist without violence.”)- The respondent’s verbal protest and concomitant physical p…1 / 3
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T.J.J. v. State, 913 So. 2d 1267 (Fla. 3d DCA 2005)…delinquency for resisting . arrest without violence. T.JJ.’s loud, obscene, non-violent, verbal protests of police conduct did not incite a breach of the peace or obstruct the police officers from performing their legal duties. See J.G.D. v. State, 724 So. 2d 711 (Fla. 3d DCA 1999); K.S. v. State, 697 So. 2d 1275 (Fla. 3d DCA 1997). Accordingly, we reverse, finding that T.JJ.’s conduct was protected under the First Amendment. L.A.T. v. State, 650 So. 2d 214 (Fla. 3d DCA 1995). Reversed.…
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D.A.W. v. State, 945 So. 2d 624 (Fla. 2d DCA 2006)…alone can rarely, if ever, rise to the level of an obstruction. Thus, obstructive conduct rather than offensive words are normally required to support a conviction [for obstructing an officer without violence]. Id. at 76; see also J.G.D. v. State, 724 So. 2d 711 (Fla. 3d DCA 1999) (reversing delinquency for obstruction without violence based upon defendant’s failure to obey a police command to leave an apartment complex where an unruly crowd had gathered; holding that “loud and profane” but “non-violent pro…
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
- L.A.T. v. State, 650 So. 2d 214 (Fla. 3d DCA 1995)
- S.D. v. State, 627 So. 2d 1261 (Fla. 3d DCA 1993)
- K.S. v. State, 697 So. 2d 1275 (Fla. 3d DCA 1997)
- H.K. v. State, 711 So. 2d 173 (Fla. 3d DCA 1998)