M.R. v. State

34 So. 3d 143, 2010 Fla. App. LEXIS 5260
District Court of Appeal of Florida·Decided April 21, 2010·No. No. 3D09-1074·Published·Cited by 3 cases

Opinion

SCHWARTZ, Senior Judge.

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 evening1, 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 [145]*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.

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M.R. v. State, 34 So. 3d 143, 2010 Fla. App. LEXIS 5260 (Fla. Ct. App. 2010).

34 So. 3d 143 (M.R. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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