R.L.L. v. State, 84-1900
| Decision Date | 10 April 1985 |
| Docket Number | No. 84-1900,84-1900 |
| Parties | 10 Fla. L. Weekly 951 R.L.L., a Child, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
Appellant was adjudicated delinquent based on his acts of obstruction of a police officer and possession of a felony amount of marijuana. Appellant alleges that the adjudication as to the obstruction charge was improper. He does not challenge the adjudication concerning the possession charge. We affirm.
Two police officers were on patrol when they saw a parked car with appellant in the front passenger seat and a woman in the driver's seat. The officers saw the woman appear to hide something and, as they approached the car, could see an open can of beer by the woman's leg. Because this was a violation of a municipal ordinance, the officers requested identification from the two people in the car.
As the woman searched her purse, one officer saw what appeared to be a bag of marijuana in the purse. The officers asked both people to step out and stand at the rear of the car. One officer read both people their Miranda 1 rights. At that point, or shortly thereafter, the appellant ran away while the officers were concentrating their attention on the woman. The officers later found twenty bags of marijuana on the floor of the passenger side of the car. The marijuana was in a hat identical to one that appellant had been seen wearing on numerous prior occasions.
The trial court found that appellant had violated section 843.02, Florida Statutes (1983), which provides that it is a misdemeanor to obstruct or oppose any officer "in the execution of legal process or in the lawful execution of any legal duty," without the use of violence. Appellant contends that the officers in this case were not executing any legal duty because appellant was not under arrest at the time he left nor was there any reason for the officers to believe that appellant, as contrasted with his companion, had committed a crime. Appellant argues that without such a reasonable belief the officers had no grounds on which to detain appellant under the Stop and Frisk Statute, section 901.151, Florida Statutes (1983).
We disagree with appellant's contentions. Appellant was present in a car with a person who was in apparent violation of a municipal ordinance and a drug statute. Although defendant's presence in itself might not have been probable cause sufficient...
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C.W. v. State, 87-1369
...once defendant resisted detention, officers were justified in arresting him for resisting an officer without violence); R.L.L. v. State, 466 So.2d 1230 (Fla. 2d DCA 1985) (where police officer justified in detaining juvenile, his running away contrary to instructions of detaining officer ob......
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Griffin v. State, 95-2792
...(Fla. 4th DCA 1990), review denied, 576 So.2d 286 (Fla.1991); Jones v. State, 360 So.2d 1293 (Fla. 3d DCA 1978). See R.L.L. v. State, 466 So.2d 1230 (Fla. 2d DCA 1985); compare Robinson v. State, 667 So.2d 384 (Fla. 1st DCA 1995)(no resisting arrest where defendant not told to remain and ne......
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C.K. v. State, 85-1442
...there an articulable suspicion that he had committed, was committing, or was about to commit a felony or misdemeanor. R.L.L. v. State, 466 So.2d 1230 (Fla. 2d DCA 1985), relied upon by the State, is, as appellant argues, clearly distinguishable. In that case the juvenile was in a vehicle wi......
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State v. Wilson, 98-00462.
...the officers in the performance of their legal duty in violation of section 843.02, Florida Statutes (1997). See R.L.L. v. State, 466 So.2d 1230 (Fla. 2d DCA 1985). Appellee's arrest for opposing an officer without violence and the resulting search were therefore Accordingly, we reverse and......