M.R., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A juvenile's conduct of walking in a high prostitution area at night, without more, does not provide the founded or articulable suspicion necessary to justify a Terry stop, and therefore an attempt to escape such an unlawful detention does not constitute resisting an officer under Florida law.
[1] A juvenile's mere presence in a high prostitution area at night, without additional articulable facts suggesting criminal activity, does not provide reasonable suspicion…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The conduct of the appellant juvenile, a sixteen-year-old female, which consisted only of walking down the street in a 'high prostitution area' at 9:30 in the evening, did not give rise to the founded or articulable suspicion of unlawful activity necessary to justify the Terry stop effected by the police.”
The court's statement of the legal standard and application to the facts of the case.
M.R., a sixteen-year-old female, was walking down the street in a high prostitution area at 9:30 p.m. when police officers engaged her in a consensual…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Articulable Suspicion cases and more on FLexlaw
The conduct of the appellant juvenile, a sixteen-year-old female, which consisted only of walking down the street in a “high prostitution area” at 9:30 in the evening 1 , did not give rise to the founded or articulable suspicion of unlawful activity necessary to justify the Terry stop effected by the police when, after engaging in a consensual and uneventful conversation, they placed her in their patrol car pending a “record search.” See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Johnson v. State, 610 So.2d 581 (Fla. 1st DCA 1993); Smith v. State, 592 So.2d 1206 (Fla. 2d DCA 1992); State v. Hoover, 520 So.2d 696 (Fla. 4th DCA 1988). Because they were thus not then acting in the lawful execution of their duties as Section 843.02, Florida Statutes (2008)2 requires, she was not guilty, as a *145matter of law, of resisting an officer under that statute by trying to escape the confinement.3 See C.H.C. v. State, 988 So.2d 1145 (Fla. 2d DCA 2008); Davis v. State, 973 So.2d 1277 (Fla. 2d DCA 2008); E.A.B. v. State, 964 So.2d 877 (Fla. 2d DCA 2007). See also Tillman v. State, 934 So.2d 1263, 1271 (Fla.2006) and cases cited. The adjudication of delinquency entered on that basis is therefore reversed and the cause remanded with directions to dismiss the petition.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- Tillman v. State, 934 So. 2d 1263 (Fla. 2006)
- State v. Hoover, 520 So. 2d 696 (Fla. 4th DCA 1988)
- Johnson v. State, 610 So. 2d 581 (Fla. 1st DCA 1992)
- Burnice C. Baxley v. O'Neill, 825 So. 2d 406 (Fla. 1st DCA 2001)
- Davis v. State, 973 So. 2d 1277 (Fla. 2d DCA 2008)
- Smith v. State, 592 So. 2d 1206 (Fla. 2d DCA 1992)
- C.H.C. v. State, 988 So. 2d 1145 (Fla. 2d DCA 2008)
- E.A.B. v. State, 964 So. 2d 877 (Fla. 2d DCA 2007)