M.C. v. State, 83-696

Decision Date24 May 1984
Docket NumberNo. 83-696,83-696
Citation450 So.2d 336
PartiesM.C., a child, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Sally D.M. Kest, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

When (1) a police officer encounters a person under circumstances 1 that authorize the officer to temporarily detain that person under Florida's Stop and Frisk statute (§ 901.151, Fla.Stat. (1983)) and (2) in the lawful execution of his legal duties the police officer intends to detain that person for the purpose of ascertaining the person's identity and to learn the circumstances surrounding his presence, and (3) under the facts and circumstances of the particular case that person learns, knows, or understands that the officer desires to detain that person, then if that person flees or takes other intentional action that prevents lawful detention, he may be guilty of obstructing or opposing such officer in violation of section 843.02, Florida Statutes (1983). See Price v. State, 318 So.2d 468 (Fla. 1st DCA 1975), cert. denied, 334 So.2d 607 (Fla.1976). See also Johnson v. State, 433 So.2d 648 (Fla. 2d DCA 1983). Burgess v. State, 313 So.2d 479 (Fla. 2d DCA 1975), relates to the constitutional right to refuse to provide information and is distinguishable.

AFFIRMED.

DAUKSCH and SHARP, JJ., concur.

1 As to reasonable suspicion justifying detention and inquiry, see State v. Hunt, 391 So.2d 760 (Fla. 5th DCA 1980); as to probable cause, see State v. Jones, 417 So.2d 788 (Fla. 5th DCA 1982).

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  • L.K.B. v. State, 95-2152
    • United States
    • Florida District Court of Appeals
    • July 18, 1997
    ...ascertain his identity. State v. Pye, 551 So.2d 1237, 1239 (Fla. 1st DCA 1989). Flight from that detention was unlawful. M.C. v. State, 450 So.2d 336 (Fla. 5th DCA 1984). COBB, W. SHARP, GOSHORN, HARRIS, PETERSON and ANTOON, JJ., concur. GRIFFIN, C.J., dissents with opinion. THOMPSON, J., d......
  • Lu Jing v. State
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    ...to identify himself and reveal where he went to school sufficient to constitute a violation of § 843.02"); and M.C. v. State , 450 So. 2d 336 (Fla. 5th DCA 1984) ("holding that interfering with an officer during a temporary detention, such as a stop and frisk, is sufficient to convict under......
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    ...1998); K.A.C. v. State, 707 So.2d 1175 (Fla. 3d DCA 1998); In the Interest of J.H., 559 So.2d 702 (Fla. 4th DCA 1990); M.C. v. State, 450 So.2d 336 (Fla. 5th DCA 1984). If a driver engages in obstructive conduct, in violation of section 843.02, then standard police detention and arrest proc......
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    ...violation to identify himself and reveal where he went to school sufficient to constitute a violation of § 843.02); M.C. v. State, 450 So.2d 336 (Fla. 5th DCA 1984) (holding that interfering with an officer during a temporary detention, such as a stop and frisk, is sufficient to convict und......
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