GROOMES

v.

WHITNER ET AL.

Citator

Cited By (18 total)

• Johnson v. State, 395 So. 2d 594 (Fla. 2d DCA 1981)
  …must also fail. Proof of the lawfulness of the arrest is an essential element of that offense. Lee v. State, 368 [*597] So. 2d 395 (Fla. 3d DCA), cert. denied, 378 So. 2d 349 (Fla.1979); Marshall v. State, 354 So. 2d 107 (Fla. 2d DCA), cert. denied, 436 U.S. 920, 98 S.Ct. 2270, 56 L.Ed.2d 762 (1978). The county court’s rulings in the instant case were clearly correct, and the circuit court departed from the essential requirements of the law in reversing those rulings. Accordingly, we grant the writ of comm…
• State v. Brady, 406 So. 2d 1093 (Fla. 1981)
  …ecision. Respondent here, on the other hand, went to great lengths to exclude the public from entering his land, distinguishing this situation from that in Western Alfalfa. [*1098] In United States v. Basile, 569 F. 2d 1053 (9th Cir.), cert. denied, 436 U.S. 920, 98 S.Ct. 2268, 56 L.Ed.2d 761 (1978), the Ninth Circuit Court of Appeals, citing Hester and Katz, held that evidence seized by authorities could not be suppressed since the truck in which it was found had been abandoned 100 yards from the defendant…
• Dean v. State, 466 So. 2d 1216 (Fla. 4th DCA 1985)
  …violence, not obstructing an officer in the performance of some legal duty. Appellant is correct that if his arrest was not lawful, then he could not be found guilty of resisting it. In Marshall v. State, 354 So. 2d 107 (Fla. 2d DCA), cert. denied, 436 U.S. 920, 98 S.Ct. 2270, 56 L.Ed.2d 762 (1978), for example, the petitioner had run away from an officer who was trying to invalidly arrest her. The Second District Court of Appeal held that in Florida the common law rule remains in effect that one may resis…