P.B., A JUVENILE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A juvenile appeals his conviction for resisting arrest without violence, arguing the police officer lacked lawful authority to stop him. The Florida District Court of Appeal affirmed the conviction, finding the officer had at least reasonable suspicion to conduct an investigatory stop when she observed P.B. engaged in what appeared to be a drug transaction.
The court held that Officer Felipe was engaged in the lawful performance of her duty because she had at least reasonable suspicion, if not probable cause, to make an investigatory stop after observing P.B. commit what appeared to be a criminal offense. Therefore, P.B. could be convicted of resisting without violence under Florida Statute Section 843.02.
[1] A conviction for resisting an officer without violence requires proof that the officer was engaged in the lawful execution of a legal duty and that the defendant's action…
[2] A police officer's observation of a person exchanging money for what appears to be drugs, followed by the person fleeing, can establish reasonable suspicion for an invest…
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Join FLexlaw to unlock all legal intelligence“To be guilty of resisting an officer without violence, (1) the officer must be engaged in the lawful execution of a legal duty; and (2) the defendant's action must constitute obstruction or resistance of that lawful duty.”
Establishes the two-part test for resisting arrest without violence under Florida law.
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Join FLexlaw to unlock all legal intelligenceOn December 19, 2003, Officer Felipe observed P.B. exchanging money for what she believed was drugs during routine patrol. When P.B. saw the officer, …
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SUAREZ, J.
P.B., a juvenile, appeals his conviction of resisting arrest without violence. P.B. contends the police officer was not engaged in the lawful performance of her duty at the time of his arrest. Therefore, he could not be guilty of resisting arrest without violence. We find the police officer was engaged in the lawful performance of her duty and affirm the conviction.
On December 19, 2003, while on routine patrol, Officer Felipe observed P.B. exchanging money for what she believed was drugs. P.B. “took off running” when he saw Officer Felipe. She gave chase repeatedly yelling to the juvenile to stop. P.B. jumped over a six foot fence. As the officer came around the fence, she found P.B. leaning with his hands against the fence. While attempting to handcuff P.B., P.B. hit Officer Felipe in her chest with his elbow, knocking her to the ground. P.B. then, again, jumped over the fence. He was eventually apprehended and arrested. The trial court found P.B. guilty of battery on a law enforcement officer and guilty of resisting without violence.
On appeal, P.B. argues that to be found guilty of resisting without violence the State must prove that the officer was engaged in the lawful performance of his/ her duty at the time of the incident. P.B. claims Officer Felipe’s testimony at trial did not support a reasonable suspicion that a drug transaction was taking place. Therefore, the officer was not involved in the lawful performance of her duty and P.B. could not be found guilty of resisting without violence.
To be guilty of resisting an officer without violence, (1) the officer must be engaged in the lawful execution of a legal duty; and (2) the defendant’s action must constitute obstruction or resistance of that lawful duty. Mosley v. State, 739 So. 2d 672, 675 (Fla. 4th DCA 1999). Section 843.02, Florida Statutes (2003) is intended to apply to any situation where a person willfully interferes with the lawful activities of the police. N.H. v. State, 890 So. 2d 514 (Fla. 3d DCA 2005) (officer’s reasonable suspicion to stop and question a juvenile running from location where scream was heard was lawful activity under Section 843.02). In the present case, Officer Felipe had, at a minimum, a reasonable suspicion to make an investigatory stop, if not probable cause. As in N.H. v. State, 890 So. 2d at 514, Officer Felipe was engaged in the lawful exercise of a legal duty when she observed P.B. commit what she believed was a criminal offense, chased P.B., caused him to stop and attempted to handcuff him. Accordingly, we affirm the trial court’s order below.
The State concedes the condition of probation that the respondent must tour an adult correctional facility was not orally pronounced at sentencing and should be stricken from the probation order. The probation order should be corrected to reflect the length of the juvenile’s probation period.
Affirmed and remanded for a corrected disposition order.
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C.W. v. State, 76 So. 3d 1093 (Fla. 3d DCA 2011)…g, and escorting Zivojinovich off the property; holding that because Zivojinovich disobeyed the deputies’ commands to sit down, the deputies had probable cause to [*1100] arrest Zivojinovich for resisting an officer without violence); P.B. v. State, 899 So. 2d 480, 482 (Fla. 3d DCA 2005) (finding juvenile resisted an officer without violence by not stopping when ordered to do so by an officer trying to conduct an investigation); H.A.P. v. State, 834 So. 2d 237, 239 (Fla. 3d DCA 2002) (holding that juvenile re…
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M.U. v. State, 990 So. 2d 1176 (Fla. 3d DCA 2008)…PER CURIAM. Affirmed. § 843.02, Fla. Stat.; P.B. v. State, 899 So. 2d 480, 481 (Fla. 3d DCA 2005). See Sarantopoulos v. State, 629 So. 2d 121 (Fla.1993); Potts v. Johnson, 654 So. 2d 596 (Fla. 3d DCA 1995); State v. Carr, 549 So. 2d 701 (Fla. 4th DCA 1989).…
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J.M. v. State, 960 So. 2d 813 (Fla. 3d DCA 2007)…he crime of resisting an officer without violence are: “(1) [that] the officer was engaged in the lawful execution of a legal duty; and (2) [that] the defendant’s action ... constitute^] obstruction or resistance of that lawful duty.” P.B. v. State, 899 So. 2d 480, 482 (Fla. 3d DCA 2005)(finding that a juvenile resisted an officer without violence by not stopping when ordered to do so by an officer trying to conduct an investigatory stop); see also N.H. v. State, 890 So. 2d 514, 516-17 (Fla. 3d DCA 2005)(find…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mosley v. State, 739 So. 2d 672 (Fla. 4th DCA 1999)
- Youngblood v. State, 890 So. 2d 514 (Fla. 2d DCA 2005)