L. B. v. State
This text of 355 So. 2d 816 (L. B. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The appellant, a juvenile, appeals an adjudication of delinquency on a charge of battery. The questions presented on the appeal challenge (1) the sufficiency of the evidence to sustain a battery and (2) the legality of the detention by a security guard pursuant to Section 901.34, Florida Statutes (1975) 1.
Our review of the record in the light of appellant’s contentions shows that no error appears. As to the sufficiency of the evidence, it is clear that the force used in a criminal battery need not be sufficient to injure. See Section 784.03, Florida Statutes (1975); and Restatement, Second, Torts §§ 18 & 19. As to the claimed illegal detention, the facts support the trial judge’s conclusion that the security guard, acting under the authority of the cited section, had probable cause to detain the juvenile because there were reasonable grounds for the store employee to believe that the appellant was engaged in activity whereby goods held for sale by the merchant were being unlawfully taken. Cf. State v. Outten, 206 So.2d 392 (Fla.1968); and Sheff v. State, 301 So.2d 13 (Fla. 1st DCA 1974).
Affirmed.
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355 So. 2d 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-b-v-state-fladistctapp-1978.