W.T.
v.
STATE

Fla. 3d DCA | 2018-10-03
No. 3D17-904
255 So. 3d 509 Florida District Court of Appeal, Third District (2018)

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Holding

An officer lawfully executing a stop and arrest based on reasonable suspicion and probable cause is engaged in the execution of a legal duty, making assault on that officer a criminal offense.


Headnotes

[1] An officer conducting a stop based on reasonable suspicion derived from a be-on-the-look-out transmission, the suspect's proximity in time and place to a recent armed rob…

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Facts & Procedural History

W.T. and two other juveniles were stopped by an officer based on a be-on-the-look-out transmission regarding an armed robbery. The juveniles matched t…

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Opinion of the Court

PER CURIAM.

*510The officer had reasonable suspicion to stop Appellant and the other two juveniles given the be-on-the-look-out transmission, the juveniles' geographic and temporal proximity to the armed robbery, the match between the suspects' reported descriptions and the juveniles' appearances, and the juveniles' behavior when approached; and, once the firearm was discovered, the officer had probable cause to arrest. Therefore, the officer was engaged in the execution of a legal duty when Appellant knocked him to the ground in an apparent attempt to escape. W.T.'s convictions are affirmed. See §§ 776.051, 784.07, 843.01, Fla. Stat.; Sosnowski v. State, 245 So. 3d 885 (Fla. 1st DCA 2018) ; State v. Roy, 944 So. 2d 403 (Fla. 3d DCA 2006).

Affirmed.


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