B. A. A. v. State
Decision Date | 09 March 1978 |
Docket Number | No. 49992,49992 |
Citation | 356 So.2d 304 |
Parties | B. A. A., a juvenile, Petitioner, v. STATE of Florida, Respondent. |
Court | Florida Supreme Court |
Bennett H. Brummer, Public Defender, and Paul Morris, Asst. Public Defender, Miami, for petitioner.
Robert L. Shevin, Atty. Gen., and William M. Grodnick, Asst. Atty. Gen., Miami, for respondent.
This cause presents an issue of the application of Florida's loitering and prowling statute, Section 856.021, Florida Statutes. We have conflict certiorari jurisdiction under Article V, Section 3(b)(3) of the Florida Constitution. Conflict in this cause is with State v. Ecker, 311 So.2d 104 (Fla.1975).
The juvenile in the instant case was arrested for loitering and prowling after a police officer observed her, a number of times, approaching cars stopped at a traffic light and engaging the drivers in conversation. The arresting officer observed the juvenile acting in this manner on approximately forty previous occasions, and on the night of her arrest had earlier warned her to leave the streets.
Following a delinquency hearing in the Juvenile Division of the Circuit Court of Dade County, the juvenile was found to have violated the "loitering" statute. Adjudication of delinquency was withheld and she was placed under the supervision of the Division of Youth Services. The District Court of Appeal, Third District, upheld the decision of the trial court. B. A. A., a juvenile v. State, 333 So.2d 552 (Fla. 3rd DCA 1976).
In State v. Ecker, supra, we construed Section 856.021, Florida Statutes, as requiring that " 'the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant' a finding that a breach of the peace is imminent or the public safety is threatened." 311 So.2d 104, 109. See also Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889, 906 (1968). In Ecker, the elements of the offense which must be satisfied for conviction of loitering and prowling were set forth as:
In the instant case, there are no specific and articulable facts...
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American Civil Liberties Union v. Albuquerque
...to provide fair notice of prohibited conduct or to establish minimal guidelines to govern law enforcement officers); B.A.A. v. State, 356 So.2d 304, 306 (Fla.1978) ("The [loitering and prowling] statute is not to be used as a `catch-all' provision [w]hereby citizens may be detained by polic......
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Dunn v. City of Boynton Beach
...facts" could "reasonably warrant a finding that a breach of the peace is imminent or the public safety is threatened." B. A. A. v. State , 356 So.2d 304, 305 (Fla.1978).b. Probable Cause for Possession of Burglary Tools Officer Munro also lacked probable cause to arrest Dunn for possession ......
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State v. Caballero, s. 80-969
...or concern for public safety, law enforcement officials may act to avert a breach of the peace or a criminal threat. B. A. A. v. State, 356 So.2d 304 (Fla.1978); State v. Ecker, 311 So.2d 104 (Fla.1975). The officer must, however, afford a pre-arrest opportunity to the suspect to dispel ala......
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Simms v. State, 2D09-3971.
...E.B. v. State, 537 So.2d 148, 149 (Fla. 2d DCA 1989) (citing State v. Ecker, 311 So.2d 104 (Fla.1975)); see also B.A.A. v. State, 356 So.2d 304, 305 (Fla.1978) (citing Ecker, 311 So.2d at 109); L.C. v. State, 516 So.2d 95, 96-97 (Fla. 3d DCA 1987). No one saw Mr. Simms crouching. Even if he......
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A loitering and prowling primer.
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