T.J.J., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-11-16
No. 3D05-225
Before GERSTEN and GREEN, JJ., and SCHWARTZ, Senior Judge.
913 So. 2d 1267 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

T.J.J. appeals his adjudication of 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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