M.R., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A 16-year-old girl was stopped by police while walking in a high prostitution area, placed in a patrol car for a records search, and charged with resisting an officer when she tried to escape. The court reversed her adjudication of delinquency, holding that the initial stop lacked reasonable suspicion and therefore the officer was not lawfully executing his duties, making the resistance charge invalid as a matter of law.
The court held that walking in a high prostitution area at 9:30 p.m. did not constitute founded or articulable suspicion of unlawful activity necessary to justify the Terry stop. Because the stop was unlawful, the officer was not acting in lawful execution of his duties, and therefore M.R. could not be guilty as a matter of law of resisting an officer under section 843.02, Florida Statutes, by attempting to escape the unlawful confinement.
[1] A consensual conversation with an individual, followed by placing them in a patrol car pending a record search, does not constitute a founded or articulable suspicion of…
[2] A person cannot be guilty of resisting an officer under Florida Statute § 843.02 if the officer was not acting in the lawful execution of their duties at the time of the…
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Establishes the core holding that the conduct observed did not meet the reasonable suspicion standard required for a lawful stop
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Join FLexlaw to unlock all legal intelligenceM.R., a 16-year-old female, was walking down the street in a high prostitution area at 9:30 p.m. Police officers engaged her in a consensual and uneve…
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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)