T.J.J. v. State, 3D05-225.

• Citation: 913 So.2d 1267
• Decision Date: 16 November 2005
• Docket Number: No. 3D05-225.,3D05-225.
• Parties: T.J.J., a juvenile, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida Supreme Court

913 So.2d 1267

T.J.J., a juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 3D05-225.

District Court of Appeal of Florida, Third District.

November 16, 2005.

An Appeal from the Circuit Court for Miami-Dade County, Maria Espinosa Dennis, Judge.

Bennett H. Brummer, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Michele Samaroo, Assistant Attorney General, for appellee.

Before GERSTEN and GREEN, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

T.J.J. appeals his adjudication of delinquency for resisting arrest without violence. T.J.J.'s loud, obscene, non-violent, verbal protests of police conduct did not incite a breach of the peace or obstruct the police officers from performing their legal duties. See J.G.D. v. State, 724 So.2d 711 (Fla. 3d DCA 1999); K.S. v. State, 697 So.2d 1275 (Fla. 3d DCA 1997). Accordingly, we reverse, finding that T.J.J.'s conduct was protected under the First Amendment. L.A.T. v. State, 650 So.2d 214 (Fla. 3d DCA 1995).

Reversed.