MATILDA M. DUBOIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a probationer cannot violate a condition requiring them to remain at liberty without violating the law by giving a false name to an officer if they are not under arrest or lawfully detained.
Matilda Dubois was on probation and gave a false name to a police officer after a traffic accident. The Department of Corrections alleged she violated…
The full statement of facts, procedural history, and disposition for this case are member content.
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LaROSE, Judge.
Matilda Dubois appeals the trial court’s order modifying her probation to a 364-day suspended jail sentence. We reverse.
On September 3, 2004, a truck rear-ended Ms. Dubois’ car and sped away. Ms. Dubois called the police. When an officer arrived at the scene, she gave him a false name. Subsequently, the Department of Corrections filed an affidavit alleging that Ms. Dubois violated condition 5 of her previously ordered probation by giving a false name to the officer. Condition 5 required Ms. Dubois to live and remain at liberty without violating the law. Ms. Du-bois violated no law justifying a modification of her probation.
To constitute a crime, the giving of the false name must occur during an arrest or lawful detention. § 901.36, Fla. Stat. (2004). As our record reflects, Ms. Dubois was neither under arrest nor being detained by the officer. The State concedes that it failed to prove a violation of condition 5. See J.P. v. State, 855 So. 2d 1262, 1265 (Fla. 4th DCA 2003); Belsky v. State, 831 So. 2d 803, 804-5 (Fla. 4th DCA 2002). Nevertheless, the State contends that the trial court’s order can be affirmed based on a citation for driving with a suspended license issued to Ms. Dubois. This contention is merit-less. A trial court may not revoke probation based on conduct not alleged in the affidavit of violation. Johnson v. State, 811 So. 2d 749, 750 (Fla. 2d DCA 2002) (reversing revocation order without prejudice to State to refile appropriate affidavit).
Reversed.
SALCINES and STRINGER, JJ„ Concur.
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Scottie Andrea Jackson v. State, 1 So. 3d 273 (Fla. 1st DCA 2009)…arrest for giving a false name was proper. The trial court’s conclusion and the State’s argument reflect a misunderstanding of the law. The giving of a false name is not a crime unless it occurs during a lawful detention or arrest. Dubois v. State, 932 So. 2d 298, 299 (Fla. 2d DCA 2006); see § 901.36(1), Florida Statutes (2007). The determination of whether Appellant could have been lawfully arrested for giving false names depends on whether he was either legally detained or arrested at the time when he gave…
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State v. Ojeda, 147 So. 3d 53 (Fla. 3d DCA 2014)…ers approached Jackson, and after he lied to them about his name, arrested him for giving a false name. Id. A search of Jackson’s person produced a crack pipe. Id. at 277. Because the arrest for giving a false name was unlawful, see Dubois v. State, 932 So. 2d 298, 299 (Fla. 2d DCA 2006) (stating the giving of a false name is not a crime unless it occurs during a lawful detention or arrest); see also § 901.36(1), Fla. Stat. (2007), the discovery of the crack pipe was the product of an illegal search. Id. Mome…
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Faith v. State, 45 So. 3d 932 (Fla. 1st DCA 2010)…(2009) (stating “[i]t is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify ... herself in any way, to the law enforcement officer....”); Dubois v. State, 932 So. 2d 298 (Fla. 2nd DCA 2006). The court dismissed this charge. In support of her motion, appellant argued that both the pills and the behavior that formed the basis of the resisting charge were “fruits of the poisonous tree” stemming from her illegal arres…
Authorities Cited
- J.P. v. State, 855 So. 2d 1262 (Fla. 4th DCA 2003)
- Johnson v. State, 811 So. 2d 749 (Fla. 2d DCA 2002)
- Belsky v. State, 831 So. 2d 803 (Fla. 4th DCA 2002)