K.D., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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K.D., a juvenile, appeals a final disposition order entered on February 4, 2010, adjudicating her delinquent of the offense of giving a false name under section 901.36(1), Florida Statutes (2010). K.D. argues, and the State concedes, that the trial court erred in denying her motion for dismissal because she was not legally detained, which is a condition precedent to an arrest and conviction for giving a false name. We agree.
Lawful detention is a condition precedent to the crime of giving a false name to a law enforcement officer. See § 901.36, Fla. Stat. (2010); J.P. v. State, 855 So.2d 1262, 1265 (Fla. 4th DCA 2003). In the instant case, the record does not show that K.D. was legally detained when she gave a false name. Rather, the incident began as a consensual encounter when K.D. gave the false name, which in and of itself was not a valid reason to detain her. See Cooks v. State, 901 So.2d 963, 964 (Fla. 2d DCA 2005). Accordingly, the adjudication of delinquency is REVERSED and the case is remanded for discharge.
WOLF, ROBERTS, and WETHERELL, JJ., concur.
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Citator
Cited By
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D.T. v. State, 87 So. 3d 1235 (Fla. 4th DCA 2012)…unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name.... ” Lawful detention is thus a condition precedent to the crime of giving a false name to a police officer. See also K.D. v. State, 43 So. 3d 829, 829 (Fla. 1st DCA 2010). Appellant insists he was entitled to a judgment of dismissal on the charge as he and the officer were engaged in a consensual encounter, not a detention or arrest, at the time he gave the false name. “A detention does not…
Authorities Cited
- J.P. v. State, 855 So. 2d 1262 (Fla. 4th DCA 2003)
- Cooks v. State, 901 So. 2d 963 (Fla. 2d DCA 2005)