Arrestable Offenses / Crimes under Fla. Stat. 843.02
CopyCited 207 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 11353, 2011 WL 2162997
...s of the struggle
suggest, those bad, but irrelevant, facts should not lead us to an inaccurate application of
precedent.
7
Ms. Coffin was charged with the misdemeanor of obstruction of justice without violence
under Fla. Stat. Ann. § 843.02....
...§
784.07(2)(b) and §
784.03(1);
resisting an officer with violence under Fla. Stat. Ann. §
843.01; two counts of use of a weapon
on a law enforcement officer under Fla. Stat. Ann. §
790.054; and depriving an officer of means
of protection or communication under Fla. Stat. Ann. §
843.025. Because the Deputies lacked a
warrant for Mr. Coffin’s arrest, these charges, with the exception of the §
843.025 charge, were
7
We are no longer required to follow the two-step process once mandated by
Saucier v....
...See Lee v.
Ferraro,
284 F.3d 1188, 1195 (11th Cir. 2002). We easily conclude that the
Deputies had ample probable cause to arrest Ms. Coffin for misdemeanor
dropped. On March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six
days’ confinement. Meanwhile, the §
843.02 charge against Ms....
...Coffin, and, thus, they had probable cause
to arrest her for obstruction of justice, setting aside for the moment any Fourth
Amendment implications arising from the Deputies’ entry into the garage, as noted
in the next paragraph.12 Obstruction of service of process is a misdemeanor
offense. Fla. Stat. Ann. § 843.02.13 The obstruction occurred in the presence of the
12
The dissent properly points out that the occupants of a house are free to deny an
officer’s request to enter their home, and are free to talk to the officers through a closed door.
Dissenting Op....
...Tobin,
923 F.2d 1506, 1512 (11th Cir. 1991) (en banc)). However, the dissent
overlooks the fact that the Deputies here did not enter the home; rather, they entered an open
garage to access and knock on the visible door to the kitchen.
13
Fla. Stat. Ann. §
843.02 provides: “Whoever shall resist, obstruct, or oppose any officer
....
...once to leave the property, the Florida statute required that they serve the legal
process personally. See discussion in Part II. Finally, the Deputies reasonably
believed that Ms. Coffin was resisting service of legal process, a misdemeanor
under Florida law, see Fla. Stat. Ann. § 843.02, which occurred in the presence of
the officers, thus arguably triggering the Florida statute authorizing the officers to
make an immediate arrest....
...The majority reaches the untenable conclusion that Mrs. Coffin reasonably appeared to
obstruct justice merely by failing to open the front door of her house. Maj. Op. at 13-14. But
“[t]he threshold for establishing the commission of [obstruction] under [§ 843.02, Fla....
CopyCited 174 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 24048, 2003 WL 22799497
...icer by name. Notably, however,
Durruthy does not contend that Pastor allowed him to enter the streets at any time
that day or in the past.
Durruthy was charged with resisting, obstructing, or opposing an officer in
violation of Fla. Stat. §
843.02,1 but the charges ultimately were dropped.
1
This statute provides that:
Whoever shall resist, obstruct, or oppose any officer as defined in s.
943.10(1), (2), (3), (6), (7), (8), or (9); member of the...
...§ 1983 for unlawful arrest and excessive force, in
violation of the Fourth Amendment, as well as various state law claims. Pastor
moved for summary judgment on the ground that she was entitled to qualified
immunity. Pastor argued that not only did she have probable cause to arrest
Durruthy for violating §
843.02, but she also had probable cause to arrest him for
without offering or doing violence to the person of the officer, shall be guilty of a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083.
Fla. Stat. §
843.02.
6
violating Fla....
...First, the
court found that there was no probable cause, or even arguable probable cause, to
arrest Durruthy. See Durruthy v. City of Miami,
235 F. Supp. 2d 1291, 1297-98
(S.D. Fla. 2002). The court rejected Pastor’s proffered bases for probable cause,
determining that Fla. Stat. §
843.02, Fla....
...Notably,
no command or direction by the police to leave the streets is required to establish a
violation of this statute.7 Under Florida law, a law enforcement officer may arrest
6
While Durruthy was charged with violating only Fla. Stat. § 843.02, Pastor is shielded
by qualified immunity so long as she had probable cause to arrest Durruthy for any offense....
...1992)
(“The validity of an arrest does not turn on the offense announced by the officer at the time of the
arrest.”).
7
This is in contrast with the other statutes Pastor has proffered as bases for probable
cause, all of which require an order or request: Fla. Stat. § 843.02 (making it a misdemeanor to
“resist, obstruct, or oppose any officer”); Fla....
...The videotape squarely refutes Pastor's initial
stated basis for the arrest of Durruthy, which was allegedly his obstruction of an
officer's arrest of Bruce Bernstein, an NBC cameraman, and his failure to obey
another officer's order to leave the street. See Fla. Stat. § 843.02....
...reasonable for Pastor to arrest Durruthy given the obvious circumstances. Pastor's
invocation of §
316.130 fails to amount even to an after-the-fact excuse for her
actions. Durruthy was charged only with obstruction of an officer under Fla. Stat.
§
843.02, and that charge was dropped immediately by the State Attorney upon
viewing the videotape of the arrest....
CopyCited 155 times | Published | Court of Appeals for the Eleventh Circuit | 2017 U.S. App. LEXIS 5548, 2017 WL 1174381
...The suspect was
charged accordingly.
The vehicle was towed by West Way.
The suspect was transported to BSO Main Jail.
Deputy DeGiovanni’s Event Rpt. at 3 (Feb. 17, 2009, 5:14:51 AM) (emphasis
added).
Deputy DeGiovanni charged Stephens under Fla. Stat. § 843.02, resisting an
officer without violence to his or her person, 5 and Fla....
...the Broward Sheriff’s Office jail, the jail staff refused to book Stephens, because of
his injuries. Deputy DeGiovanni took Stephens to Broward General Medical
Center, where he remained for several hours. He then transported Stephens to the
5
Section 843.02 provides “[w]hoever shall resist, obstruct, or oppose any officer . . . in the
lawful execution of any legal duty, without offering or doing violence to the person of the
officer, shall be guilty of a misdemeanor of the first degree.” Fla. Stat. § 843.02 (emphasis
added)....
...Am. Compl. at 5-6 ¶ 26 (emphasis added).
B. Judicial Proceedings
1. State Court
Stephens retained an attorney to defend him on the Florida charges. The
State dismissed the resisting-an-officer-without-violence charge under Fla. Stat. §
843.02, a first-degree misdemeanor....
CopyCited 143 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 13963, 2006 WL 1541458
... excessive
force claim, the court ruled that the force Becht used to effectuate the arrest was de
1
The arrest report indicates that Davis was arrested for obstruction of justice and
disorderly conduct in violation of Fla. Stat. §§
843.02 and
877.03.
2
Because the district court found sufficient probable cause, it concluded that there was
also a sufficient showing of arguable probable cause, entitling Becht to qualified immunity....
...A.
Whether there was arguable probable cause to arrest Davis depends upon
what amounts to probable cause under Florida law for obstruction of justice and
disorderly conduct. Obstruction of justice is codified in Florida Statute § 843.02,
7
We begin our analysis with arguable probable cause and qualified immunity because if,
as we hold, there is an insufficient showing of arguable probable cause, then there is clearly an
insufficient showing of probable ca...
...icer . . . in the execution of
legal process or in the lawful execution of any legal duty, without offering or
doing violence to the person of the officer, shall be guilty of a misdemeanor
of the first degree . . . .
Fla. Stat. § 843.02. To support a conviction pursuant to § 843.02, the state must
prove: “(1) the officer was engaged in the lawful execution of a legal duty; and (2)
the action by the defendant constituted obstruction or resistance of that lawful
duty.” Slydell v....
...of issuing a citation,
and thus, he was engaged in the lawful execution of a legal duty.
Florida courts have generally held, with very limited exceptions, that
physical conduct must accompany offensive words to support a conviction under
§
843.02.9 See Francis v. State,
736 So. 2d 97, 99 (Fla. Dist. Ct. App. 1999)
(holding that defendant’s actions of physically blocking the officer’s path to
investigate a beating in another room constituted obstruction under §
843.02); State
v....
...The court ruled that the defendant’s words were insufficient to
justify any wrongdoing, or to amount to a physical obstruction of the officers. See
id. at 712. Similarly, in D.G.,
661 So. 2d 75, the court ruled that the defendant’s
actions did not constitute obstruction under §
843.02....
...fighting or engages in such conduct as to constitute a breach of the
peace or disorderly conduct, shall be guilty of a misdemeanor in the
second degree . . . .
Fla. Stat. §
877.03. Similar to probable cause for purposes of §
843.02, probable
cause for purposes of §
877.03 cannot be based on “mere words.” See Butler v.
Dowling, 750 So....
CopyCited 130 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 8294, 2007 WL 1063337
...at 486
n.6.
41
Holmberg’s § 1983 claim arose out of his arrest for allegedly interfering
with the ongoing arrest of McClish by Deputies Terry and Calderone. The deputies
arrested Holmberg for “resisting arrest without violence,” see Fla. Stat. § 843.02,
and the charge was eventually dismissed without prejudice pursuant to Florida’s
pretrial intervention program, see Fla. Stat. § 843.02....
...Even if the district court was correct in concluding that Florida
law would permit a prosecutor to later “resurrect” a charge dismissed pursuant to PTI, a matter
upon which we express no opinion, the statute of limitations for Holmberg’s alleged violation is
now long past. See Fla. Stat. § 843.02 (2006) (defining the offense of resisting an officer without
violence as a first-degree misdemeanor); Fla....
CopyCited 113 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 28948
...As we understand Florida law, it is a crime not only to oppose or to obstruct a law officer in the execution of the officer's duty, but also to attempt to oppose or to obstruct the officer. And none of these crimes require violence or the offer to do violence. See Fl.Stat. § 843.02 7 ; State v....
...dant's subjective intent is irrelevant. See Harlow,
457 U.S. at 816 ,
102 S.Ct. at 2737 (because "substantial costs attend the litigation of the subjective good faith of government officials," subjective malice is irrelevant to qualified immunity) 7 Section
843.02 says in part: Whoever shall resist, obstruct, or oppose any officer ......
CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
...(Defendant) [willfully] [by culpable negligence] [knowingly]: [[deprived (victim) of] [allowed (victim) to be deprived of] necessary food, clothing, shelter or medical treatment.] [inflicted or permitted the infliction of [physical] [mental] injury to (victim).] 9. Chapter 88-381, § 51, Laws of Florida, amends Section 843.02, Florida Statutes, concerning the offense of resisting an officer without violence....
CopyCited 108 times | Published | Court of Appeals for the Eleventh Circuit
...completion of the search he was transported to a police station where he was
detained for more than five hours, still handcuffed behind his back. He was
charged in two counts with Resisting or Obstructing an Officer Without Violence
under Fla. Stat. § 843.02 and one count of Reckless Display of a Firearm in
violation of Fla....
CopyCited 96 times | Published | Court of Appeals for the Eleventh Circuit | 67 Fed. R. Serv. 3d 1061, 2007 U.S. App. LEXIS 8288, 2007 WL 1063010
...except as permitted by law or by rule or regulation of a governmental agency. . . . A violation of
this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation . . . .”
6
violation of Fla. Stat. § 843.02.3 A traffic court later found Chaney not guilty of
driving with an obscured license....
CopyCited 81 times | Published | Supreme Court of Florida | 1993 WL 83094
...Tripp was charged with burglary, grand theft, and resisting an officer without violence. The burglary and grand theft offenses were third-degree felonies. See §§
810.02(3),
812.014(2)(c), Fla. Stat. (1987). The resisting offense was a misdemeanor. See §
843.02, Fla....
CopyCited 81 times | Published | Court of Appeals for the Eleventh Circuit | 70 Fed. R. Serv. 3d 515, 2008 U.S. App. LEXIS 8711, 2008 WL 1805821
...In April 2005, Justin was tried for resisting an officer with violence to his or
her person, a violation of Florida Statute §
843.01, but, before the conclusion of the
trial, he pleaded no contest to resisting without violence under Florida Statute §
843.02....
...Florida law makes it a first degree misdemeanor to “resist, obstruct, or
oppose any officer . . . in the execution of legal process or in the lawful execution
of any legal duty, without offering or doing violence to the person of the officer.”
Fla. Stat. § 843.02....
...l duty.” N.H. v. State,
890 So. 2d
514, 516–17 (Fla. 3rd DCA 2005). “Legal duties” encompass more than just
26
making arrests. Jacobson v. State,
476 So. 2d 1282, 1287 (Fla. 1985) (“[S]ection
843.02 ....
CopyCited 74 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 17894, 2015 WL 5973304
...ore’s towel fell off. 6 After placing
Moore in the patrol vehicle, Pederson took Moore to the police station where he
was booked and eventually provided a jump suit to wear. Moore was subsequently
charged with violating Florida Criminal Statute 843.02: resisting officer –
obstructing without violence....
...inside his apartment’s doorway at the time. As a result, Pederson violated Moore’s
Fourth Amendment right to be free from unreasonable seizures.
While Pederson contends that he had probable cause to arrest Moore for his
alleged violation of Fla. Stat. § 843.02, which makes it illegal to resist an officer
without violence, serious problems doom Pederson’s argument....
...allow the officers
to enter the premises and may refuse to answer any questions at any time.”).
Consequently, Moore’s refusal to answer Pederson’s requests for identification
could not have served as the basis for a violation of Fla. Stat. § 843.02, resisting an
officer without violence, and Pederson lacked probable cause to arrest Moore for
this violation.
Not only were probable cause and exigent circumstances lacking, but Moore
also did not consent to Pederson’s entry for the purpose of arresting him....
...hat stand for the principle that a
warrantless arrest may not be conducted in the home without both probable cause
and either exigent circumstances or consent involved a Terry stop.
When an officer lawfully conducts a Terry stop, Fla. Stat. § 843.02
authorizes the officer to arrest a person who refuses to provide identification in
response to requests....
...Importantly, there is a Florida criminal statute which states
that “[w]hoever shall resist, obstruct, or oppose any officer … without offering or
doing violence to the person of the officer, shall be guilty of a misdemeanor in the
first degree.…” Florida Statute § 843.02.
On this unique set of facts, the primary question for us to consider is whether
a reasonable officer would understand that reaching across the threshold to arrest
Moore in the course of what Pederson erroneously believed to be a Terry stop
violated a clearly established constitutional right....
CopyCited 65 times | Published | Supreme Court of Florida | 2007 WL 2790770
...willfully resisted, it does not include a specific requirement as to the defendant's knowledge of the officer's status. The trial court also instructed the jury on the permissive lesser included offense of resisting an officer without violence under section 843.02, Florida Statutes (2002), [5] and misdemeanor tampering with coin-operated vending machines or parking meters....
...status. See W.E.P. v. State,
790 So.2d 1166, 1172 (Fla. 4th DCA 2001); O'Brien v. State,
771 So.2d 563, 564 (Fla. 4th DCA 2000); Cooper v. State,
742 So.2d 855; 857, 857 n. 2 (Fla. 1st DCA 1999) (comparing resisting an officer without violence under section
843.02, which, despite the text's omission of an express knowledge requirement, has been interpreted as requiring that the person charged have knowledge that the person he or she is resisting is an officer, with resisting an officer with violence under section
843.01, which has a specific knowledge requirement)....
...ut the defendant on adequate notice of what conduct is prohibited, which is contrary to a basic tenet of due process that criminal statutes must state with some precision exactly what is prohibited. See Perkins,
576 So.2d at 1312. B. Construction of Section
843.02 Our statutory construction analysis is further facilitated by an interpretation of the essential elements of the offense of resisting an officer without violence under section
843.02, Florida Statutes (2002), a permissive lesser included offense of resisting an officer with violence under section
843.01. See State v. Espinosa,
686 So.2d 1345, 1347 (Fla.1996). Section
843.02 states that "[w]hoever shall resist, obstruct, or oppose any officer ....
...in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree." Similar to section
843.01, this provision specifies that it is unlawful to "resist, obstruct or oppose any officer." §§
843.01,
843.02, Fla. Stat. However, unlike section
843.01, there is no language in section
843.02 requiring the defendant to act "knowingly and willfully." Yet courts, including the Third District in this case, have interpreted section
843.02 as requiring proof of a defendant's knowledge of the officer's status. See Polite,
933 So.2d at 592-93; Cooper,
742 So.2d at 857; Harris v. State,
935 So.2d 1259, 1262 (Fla. 5th DCA 2006). The Third District in Polite reasoned that knowledge must be read into section
843.02, even though the provision is silent as to such a requirement, because "the forbidden conduct would not otherwise be necessarily improper."
933 So.2d at 593....
...The Court further stated that any other result would "ignore the basic tenet of statutory construction that courts are constrained to avoid a construction that would result in unreasonable, harsh, or absurd consequences." Id. These principles are equally applicable to the analysis here. Section
843.02 is a permissive lesser included offense of section
843.01the former a first-degree misdemeanor subjecting a nonhabitual offender to a maximum of one year in prison and the latter a third-degree felony subjecting a nonhabitual offender to a maximum of five years in prison....
...der section
784.07(2) and attempted murder of a law enforcement officer under section
784.07(3) include knowledge of the officer's status as an essential element); Cooper,
742 So.2d at 858 (concluding that resisting an officer without violence under section
843.02 requires proof of defendant's knowledge of officer's status)....
CopyCited 56 times | Published | Supreme Court of Florida | 2006 WL 1837903
...Espinosa,
686 So.2d 1345 (Fla. 1996). However, neither the title of the statute, "Resisting an officer with violence to his or her person," nor its explicit terms limit it to arrest scenarios. Cf. N.H. v. State,
890 So.2d 514, 516 (Fla. 3d DCA 2005) (noting that title of section
843.02, which defines crime of resisting without violence, is "`resisting [an] officer,' not `resisting arrest'")....
...In Taylor, the First District reviewed the sufficiency of the evidence on the lawful execution element by applying Fourth Amendment law governing warrantless entry by police into a home.
740 So.2d at 90. This approach is consistent with precedent reviewing convictions of resisting arrest without violence under section
843.02, which has a "lawful execution" element identical to that in section
843.01....
...gal duty under the facts of this case. *1274 CONCLUSION Without question, the statutory enhancement of the assault and battery offenses against law enforcement officers in section
784.07, and the "resisting" offenses contained in sections
843.01 and
843.02, Florida Statutes, reflect a strong public interest in the protection of law enforcement officers....
CopyCited 56 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 26415, 2003 WL 23024573
... The district court granted summary judgment in favor of Officer McHugh
on the basis of qualified immunity. The district court found, among other things,
that McHugh reasonably could have believed that Storck was committing or was
attempting to commit a violation of Fla. Stat. § 843.02 (providing that “[w]hoever
shall resist, obstruct, or oppose any officer ....
...obable cause, thus
12
preventing the district court from granting summary judgment based on qualified
immunity. Storck urges that arguable probable cause did not exist to arrest her for
a violation of § 843.02 because she never saw the Broward County Circuit Court
Order directing the police to take Aaron into custody and because the arresting
officers concealed the true nature of the Broward County Circuit Court Order from
her prior to her arr...
... committing, or is about to commit an offense.” Rankin v. Evans,
133 F.3d at 1435
(internal quotation marks and citation omitted). Based on our review of the
record, we have little trouble finding that McHugh had arguable probable cause to
arrest Storck for violating §
843.02.
Section
843.02 provides, in pertinent part: “Whoever shall resist, obstruct,
or oppose any officer . . . in the execution of legal process or in the lawful
execution of any legal duty, without offering or doing violence to the person of the
officer, shall be guilty of a misdemeanor . . . .” Fla. Stat. §
843.02. To support a
conviction under §
843.02, the state must show: (1) the officer was engaged in the
lawful execution of a legal duty; and (2) the action by the defendant constituted
obstruction or resistance of that lawful duty....
...Post
v. City of Fort Lauderdale,
7 F.3d 1552, 1558-59 (11th Cir. 1993) (emphasis
added).
17
On the question of whether an officer was performing a legal duty for
purposes of a conviction under §
843.02, “‘it is important to distinguish between a
police officer in the lawful execution of any legal duty and a police officer who is
merely on the job.’” Jay, 731 So....
...It is equally plain that an officer in McHugh’s place reasonably could have
perceived Storck’s conduct as amounting to obstruction of or resistance to the
execution of a lawful duty, or at least an attempt to do so, within the meaning of §
843.02....
...This resulted in the owner’s arrest for violating the City Building Code’s
maximum-capacity requirements and for interfering with an officer, and the
manager’s arrest for obstructing an officer and resisting arrest. See id. The
manager alleged that the officer falsely arrested him for violating § 843.02, in
violation of his Fourth Amendment rights. Id. at 1558-59. The officer-defendant
asserted that he was entitled to qualified immunity because he had arguable
probable cause to believe that the manager had committed or was about to commit
a violation of § 843.02....
...On this record,
Storck cannot show that “the words of a federal statute or federal constitutional
provision [are] so clear and the conduct so bad that case law is not needed to
establish that the conduct cannot be lawful.” Id. Simply put, nothing in the
language of § 843.02 or in the command of the Fourth Amendment states with
“obvious clarity” that McHugh’s arrest of Storck was unlawful.
In short, we are satisfied that Storck failed to establish a constitutional
violation, and that even if she...
CopyCited 45 times | Published | Supreme Court of Florida | 2009 WL 4841076
...The issue presented in this case is whether a juvenile's continued flight, within a high-crime area, in defiance of a police officer's verbal order to stop, constitutes the offense of resisting, obstructing, or opposing an officer without violence under section 843.02, Florida Statutes (2007). We conclude, based on the plain language of section 843.02, that the interpretation provided by the Second District's en banc opinion resolves the statutory question....
..., [1] even if we question the wisdom of that precedent or the public policy behind the law. FACTS AND PROCEDURAL BACKGROUND C.E.L., a fifteen-year-old African-American male, was convicted of resisting a law enforcement officer without violence under section 843.02 after he ran from two approaching *1183 officers in a high-crime area and then failed to obey their verbal command to stop....
..."immediately turned around and took flight." Id. at 559 (majority opinion). The officers then ordered C.E.L. to stop, but he disregarded the order and continued to run. Although C.E.L. resisted the officers' verbal command, he was ultimately apprehended and arrested for obstruction pursuant to section 843.02....
...L. unlawfully resisted the police officers' order must be evaluated from the point at which he commenced running, before any lawful command to stop occurred. Thus, the issue in this case is whether there should be a specific rule of law interpreting section 843.02 to require that reasonable suspicion of criminal activity exist before an individual flees. Applying the United States Supreme Court precedent in Wardlow and adhering to the plain language of section 843.02, we conclude that the plain language of section 843.02 does not support the distinction set forth by the Third District in D.T.B. that would require reasonable suspicion to arise before the flight begins. In reaching this conclusion, we first explain the reasoning of Wardlow and the elements of section 843.02....
...of resisting an officer, even if no other independent ground for detention or arrest exists. B. The Elements of Section 834.02 Our analysis of whether C.E.L. committed a criminal offense of resisting without violence focuses on the plain language of section 843.02....
...State,
934 So.2d 1226, 1233 (Fla.2006) ("[T]his Court must first look to the plain language of the statute, and if the statute is ambiguous on its face, the Court can only then rely upon the rules of statutory construction in order to discern legislative intent."). Section
843.02 provides, in pertinent part, that "[w]hoever shall resist, obstruct, or oppose any officer ......
...the officers' execution of their legal duty. C. The Reasoning of the Second District in C.E.L. Framing the issue as whether an exception should be made from the general rule that knowing defiance of a lawful order to stop constitutes a violation of section 843.02, the Second District concluded that no exception existed and affirmed C.E.L.'s adjudication....
...f wrongdoing and provides reasonable suspicion to justify an investigatory detention under Terry. C.E.L.,
995 So.2d at 561-62. Although C.E.L. conceded that Wardlow provided the officers with reasonable suspicion after he took flight, he argued that section
843.02 required legal justification for detention to exist not only at the time of flight, but before he initially fled from police. Receding from its prior precedent in J.D.H. v. State,
967 So.2d 1128 (Fla. 2d DCA 2007), [7] the Second District concluded that "an offense under section
843.02 is committed by a person fleeing the police who defies a lawful order to stop even if the justification for detaining that person does not exist before he initially flees from the police." C.E.L.,
995 So.2d at 562. It was simply "of no consequence that the police lacked a justification for detaining C.E.L. before his initial flight from them.... Although the mere act of running from the police was not an offense under section
843.02, once a lawful command to stop had been issued by an officer, knowing defiance of that command was such an offense." Id....
...Yet when the officers pulled their marked police car into this area, D.T.B. fled. Id. The officers verbally commanded D.T.B. to stop, but he continued to run. Id. The officers caught D.T.B., arrested him, and subsequently charged him with obstructing without violence under section 843.02....
...concedes that Wardlow provided the officers with reasonable suspicion to conduct an investigatory stop, but argues that reasonable suspicion must have existed before he took flight. With this concession, C.E.L. asks us to adopt a general rule that section
843.02 requires reasonable suspicion of criminal activity to exist before an individual flees, when officers first approach a suspect. In this case, the Second District declined to adopt such an interpretation of the statute. See C.E.L.,
995 So.2d at 562. We agree with the Second District that the application of Wardlow to section
843.02 provides no basis for the interpretation that reasonable suspicion must arise before the flight begins. The plain language of section
843.02 makes it a punishable offense for an individual to resist without violence an officer engaged in the lawful execution of a legal duty....
...For this reason, we must only resolve the question of whether the officers, at the moment they ordered C.E.L. to stop, were justified in doing so. An obstruction without violence charge is supported if an individual obstructs an officer in the lawful performance of his or her legal duty. § 843.02, Fla....
...a legal duty when the obstructing conduct occurred. As the Second District aptly stated, "[t]here is no reason that a person who knowingly defies an officer's lawful command to stop in such circumstances should be absolved from responsibility under section
843.02.... Under section
843.02, lawful police action based on Wardlow should not be treated differently than lawful police action based on other grounds." C.E.L.,
995 So.2d at 563....
...gh-crime area created the reasonable suspicion sufficient to warrant a lawful investigative stop. C.E.L.'s continued flight in knowing defiance of the officer's lawful order to stop constituted the offense of obstructing without violence pursuant to section 843.02, and accordingly, we approve the Second District's holding in C.E.L. CONCLUSION The plain language of section 843.02 makes it an offense for any person to resist, without violence, a law enforcement officer when the officer is engaged in a lawfully executed legal duty....
...t an investigatory stop. Therefore, the officers were engaged in the lawful execution of a legal duty. Thus, C.E.L.'s continued flight in defiance of the officers' lawful command constituted the offense of resisting an officer without violence under section 843.02....
...nd unnecessary criminalization of otherwise innocent conduct that ultimately impacts those who live in "high-crime" areas differently than those who do not. A. Concerns for Future Cases Succinctly stated, the impact of Wardlow and its application to section 843.02 is *1190 to criminalize an act of resistance following flight that occurs in what is termed a "high-crime" neighborhood....
...These concerns are compellingly laid out by the Second District in Judge Altenbernd's concurring opinion in C.E.L. and Justice Stevens' concurring-in-part and dissenting-in-part opinion in Wardlow. I share these concerns. In C.E.L., Judge Altenbernd argued that the combination of the Wardlow decision, section
843.02, and the inclinations of the typical teenage mind, "creates a recipe for police tactics that can only exacerbate racial and socio-economic tensions in the communities of this state." C.E.L.,
995 So.2d at 563 (Altenbernd, J., concurring)....
...all too often the prelude to abuse." Malcolm D. Holmes & Brad W. Smith, Race and Police Brutality: Roots of an Urban Dilemma 94 (2008) (emphasis added). The bottom line is that I would urge the Legislature to consider whether statutory revisions to section 843.02 are necessary in order to address what is clearly an unintended consequence of the statutory scheme....
...reclosed by the majority opinion. First, Wardlow does not establish a per se rule regarding the existence of reasonable suspicion; the existence of reasonable suspicion is judged by a totality of circumstances. Second, an individual prosecuted under section 843.02 can challenge whether his or her flight from police was "unprovoked" and "headlong." Lastly, that individual can challenge whether the area of his or her alleged violation was actually within a "high-crime area." 1....
...Therefore, other factors, when present, could affect whether a person's flight in a high-crime area provides reasonable suspicion to justify a Terry stop. 2. Defendant Can Challenge Whether There Was Unprovoked Headlong Flight An individual prosecuted under section 843.02 can also challenge whether his actions constituted the type of "unprovoked" and "headlong" flight from police that Wardlow described....
...n this case." Id. In this case, I agree with the majority that based on Wardlow and C.E.L.'s concession that reasonable suspicion existed at the time the officers ordered him to stop, the Second District properly affirmed C.E.L.'s adjudication under section 843.02....
...Wardlow,
528 U.S. 119,
120 S.Ct. 673,
145 L.Ed.2d 570 (2000), held that flight from the police in a high crime area gives the police the requisite reasonable suspicion to temporarily stop and detain a person who is fleeing. I also acknowledge that section
843.02, Florida Statutes (2007), seems to allow the police to charge a person with resisting an officer without violence when he or she continues to flee from the police after an order to stop....
...was apprehended and arrested on the obstruction charge, the officers also determined that he had an outstanding arrest warrant. However, the officers' discovery of the existence of the outstanding arrest warrant after he was stopped has no effect on our analysis of the section 843.02 violation....
...ence because it "would improperly criminalize the simple act of fleeing from an officer and expand the holding of Wardlow beyond its plain language." Id. at 1132. [8] Although D.T.B. was charged with resisting arrest without violence, a violation of section 843.02 is not limited to resisting arrest, but rather expansively criminalizes resistance of an officer who is in the performance of a lawful duty without violence....
CopyCited 40 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 24580
...st because Carlton was arrested pursuant to a warrant and because Charles was collaterally es-topped from asserting his claim by a verdict in which the jury found him guilty of the misdemeanor of resisting a lawful arrest without violence. Fla.Stat. § 843.02 (1983), despite the fact that the state trial court, in ordering probation, withheld adjudication of Charles’ guilt....
CopyCited 35 times | Published | Supreme Court of Florida | 2006 WL 59332
...Similarly, in the conflict case, the defendant faced a charge of driving without a valid license. Dixon,
812 So.2d at 595-96. Other charges might include misuse of a license, §
322.32, Fla. Stat. (2001), giving false oral reports under the traffic laws, id. §
316.067, or obstructing an officer, id. §
843.02....
CopyCited 35 times | Published | Florida 4th District Court of Appeal | 2001 WL 980801
...ANALYSIS To determine whether appellant's conduct in fleeing the officers constituted resisting or obstructing an officer, we must first decide whether the officers were engaged in the lawful execution of a legal duty at the time of his flight. For a conviction for resisting an officer without violence under section 843.02, Florida Statutes, the state must show that: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of the lawful duty....
...State,
337 So.2d 1024 (Fla. 2d DCA 1976), petition for review dismissed,
347 So.2d 432 (Fla.1977), for the principle that nothing that transpires after the initial stop can be used to validate the unlawful stop). [5] Wardlow,
528 U.S. at 126,
120 S.Ct. 673. [6] See §
843.02, Fla....
CopyCited 32 times | Published | Florida 1st District Court of Appeal | 1995 WL 405276
...Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant. *1247 Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. S.G.K. appeals from an order finding him in violation of section 843.02, Florida Statutes (1993), and withholding adjudication of delinquency....
...l exercise of a legal duty (i.e., investigating an accident pursuant to section
316.066(3)(a), Florida Statutes (1993)), and appellant, knowing the officer wanted to detain him for questioning, fled to impede that duty. To support a conviction under section
843.02, the state must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty....
CopyCited 31 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 542
...Detective Johnson searched Jacobson and found packages of cocaine on his legs, hidden in the same manner as on Baker. The two were then taken to jail. Although Detective Pearson did not tell Jacobson what he was being arrested for at the scene, a charge of resisting arrest without violence was listed on the arrest report. § 843.02, Fla....
...Once the articulable suspicion was raised, Detective Pearson was justified in pursuing Jacobson to detain him for further questioning under Terry. Physically restraining someone seeking to escape from a legal Terry stop is the "lawful execution of [a] legal duty," section 843.02, Florida Statutes....
...Jacobson resisted the detention when he struggled with Pearson after Pearson grabbed him, and the detective was therefore justified in arresting Jacobson for resisting an officer without violence. Although the arrest report says "resisting arrest," when, in fact, Jacobson was resisting execution of a lawful duty, section 843.02, also listed on the report, does not require that the officer be attempting to arrest the suspect....
CopyCited 29 times | Published | Florida 4th District Court of Appeal | 24 Fla. L. Weekly Fed. D 1369
...Butterworth, Attorney General, Tallahassee, and Gentry Denise Benjamin, Assistant Attorney General, West Palm Beach, for appellee. POLEN, J. Nellie Francis ("Nellie") timely appeals after a jury found her guilty of resisting and/or obstructing a police officer without violence in violation of section 843.02, Florida Statutes (1997)....
...In addition to charges alleged against Michael Francis, the state charged Nellie with two counts of child neglect in failing to protect her stepchild, Sheldon, from abuse by his father, and by failing to provide him with the requisite care after such abuse. It also charged her with violating section 843.02 by "unlawfully, knowingly and wilfully" obstructing or opposing Banas in the lawful execution of a legal duty by "falsely inform[ing] said officer that everything was fine in the home when in fact Sheldon Francis was in need of medical...
...ellie's motion for judgment of acquittal. The jury eventually found her guilty of resisting without violence. Motion for Judgment of Acquittal Nellie first argues that the court should have granted a judgment of acquittal as to the resisting charge. § 843.02, Fla. Stat. (1997) states, Whoever shall resist, obstruct, or oppose any officer ... in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree.... § 843.02, Fla....
...the action by the defendant constituted obstruction or resistance of that lawful duty. Id.; *99 S.G.K. v. State,
657 So.2d 1246 (Fla. 1st DCA 1995). [1] Nellie argues that her statement to Banas that everything was fine was per se insufficient under section
843.02 to constitute obstruction....
...den.,
564 So.2d 1088 (Fla.1990). However, the record reflects that Nellie, in addition to stating these words to Banas, physically blocked his path when he went over to investigate Sheldon's physical condition. As such conduct satisfies the second prong of section
843.02, we affirm. Nellie, nevertheless, posits that because Banas eventually was able to have access to Sheldon, her actions did not constitute obstruction. This analysis is flawed. The test under section
843.02 is not whether Banas ultimately was able to carry out the execution of his legal duties, but rather, whether Nellie resisted his efforts in doing so....
CopyCited 28 times | Published | Supreme Court of Florida | 1996 WL 734514
...5th DCA 1996), in which the district court reversed Richard Espinosa's conviction for resisting an officer without violence due to insufficient evidence and certified the following question as one of great public importance: IS RESISTING AN OFFICER WITHOUT VIOLENCE (Section
843.02) A LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE (Section
843.01)? We have jurisdiction....
...Espinosa was charged with resisting arrest with violence pursuant to section
843.01, Florida Statutes (1995). [1] On Espinosa's express request, the trial judge gave a lesser-included offense instruction informing the jury that it could convict Espinosa for resisting arrest without violence under section
843.02, Florida Statutes (1995)....
...ss or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, ors.
775.084. [2] Section
843.02 provides: Whoever shall resist, obstruct, or oppose any officer as defined in s....
CopyCited 28 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 663, 2009 Fla. LEXIS 2068
...The issue presented in this case is whether a juvenile’s continued flight, within a high-crime area, in defiance of a police officer’s verbal order to stop, constitutes the offense of resisting, obstructing, or opposing an officer without violence under section 843.02, Florida Statutes (2007). We conclude, based on the plain language of section 843.02, that the interpretation provided by the Second District’s en banc opinion resolves the statutory question....
...rt, 1 even if we question the wisdom of that precedent or the public policy behind the law. FACTS AND PROCEDURAL BACKGROUND C.E.L., a fifteen-year-old African-American male, was convicted of resisting a law enforcement officer without violence under section 843.02 after he ran from two ap *1183 proaching officers in a high-crime area and then failed to obey their verbal command to stop....
...at 559 (majority opinion). The officers then ordered C.E.L. to stop, but he disregarded the order and continued to run. Although C.E.L. resisted the officers’ verbal command, he was ultimately apprehended and arrested for obstruction pursuant to section 843.02....
...unlawfully resisted the police officers’ order must be evaluated from the point at which he commenced running, before any lawful command to stop occurred. Thus, the issue in this case is whether there should be a specific rule of law interpreting section 843.02 to require that reasonable suspicion of criminal activity exist before an individual flees. Applying the United States Supreme Court precedent in Wardlow and adhering to the plain language of section 843.02, we conclude that the plain language of section 843.02 does not support the distinction set forth by the Third District in D.T.B. that would require reasonable suspicion to arise before the flight begins. In reaching this conclusion, we first explain the reasoning of Wardlow and the elements of section 843.02....
...of resisting an officer, even if no other independent ground for detention or arrest exists. B. The Elements of Section 834.02 Our analysis of whether C.E.L. committed a criminal offense of resisting without violence focuses on the plain language of section 843.02....
...State,
934 So.2d 1226, 1233 (Fla.2006) (“[T]his Court must first look to the plain language of the statute, and if the statute is ambiguous on its face, the Court can only then rely upon the rules of statutory construction in order to discern legislative intent.”). Section
843.02 provides, in pertinent part, that “[w]hoever shall resist, obstruct, or oppose any officer ......
...he officers’ execution of their legal duty. C. The Reasoning of the Second District in C.E.L. Framing the issue as whether an exception should be made from the general rule that knowing defiance of a lawful order to stop constitutes a violation of section 843.02, the Second District concluded that no exception existed and affirmed C.E.L.’s adjudication....
...wrongdoing and provides reasonable suspicion to justify an investigatory detention under Terry. C.E.L.,
995 So.2d at 561-62 . Although C.E.L. conceded that Wardlow provided the officers with reasonable suspicion after he took flight, he argued that section
843.02 required legal justification for detention to exist not only at the time of flight, but before he initially fled from police. Receding from its prior precedent in J.D.H. v. State,
967 So.2d 1128 (Fla. 2d DCA 2007), 7 the Second District concluded that “an offense under section
843.02 is committed by a person fleeing the police who defies a lawful order to stop even if the justification for detaining that person does not exist before he initially flees from the police.” C.E.L.,
995 So.2d at 562 . It was simply “of no consequence that the police lacked a justification for detaining C.E.L. before his initial flight from them.... Although the mere act of running from the police was not an offense under section
843.02, once a lawful command to stop had been issued by an officer, knowing defiance of that command was such an offense.” Id....
...Yet when the officers pulled their marked police car into this area, D.T.B. fled. Id. The officers verbally commanded D.T.B. to stop, but he continued to run. Id. The officers caught D.T.B., arrested him, and subsequently charged him with obstructing without violence under section 843.02....
...concedes that Wardlow provided the officers with reasonable suspicion to conduct an investigatory stop, but argues that reasonable suspicion must have existed before he took flight. With this concession, C.E.L. asks us to adopt a general rule that section
843.02 requires reasonable suspicion of criminal activity to exist before an individual flees, when officers first approach a suspect. In this case, the Second District declined to adopt such an interpretation of the statute. See C.E.L.,
995 So.2d at 562 . We agree with the Second District that the application of Wardlow to section
843.02 provides no basis for the interpretation that reasonable suspicion must arise before the flight begins. The plain language of section
843.02 makes it a punishable offense for an individual to resist without violence an officer engaged in the lawful execution of a legal duty....
...For this reason, we must only resolve the question of whether the officers, at the moment they ordered C.E.L. to stop, were justified in doing so. An obstruction without violence charge is supported if an individual obstructs an officer in the lawful performance of his or her legal duty. § 843.02, Fla....
...egal duty when the obstructing conduct occurred. As the Second District aptly stated, “[t]here is no reason that a person who knowingly defies an officer’s lawful command to stop in such circumstances should be absolved from responsibility under section
843.02.... Under section
843.02, lawful police action based on Ward-low should not be treated differently than lawful police action based on other grounds.” C.E.L.,
995 So.2d at 563 ....
...rime area created the reasonable suspicion sufficient to warrant a lawful investigative stop. C.E.L.’s continued flight in knowing defiance of the officer’s lawful order to stop constituted the offense of obstructing without violence pursuant to section 843.02, and accordingly, we approve the Second District’s holding in C.E.L. CONCLUSION The plain language of section 843.02 makes it an offense for any person to resist, without violence, a law enforcement officer when the officer is engaged in a lawfully executed legal duty....
...investigatory stop. Therefore, the officers were engaged in the lawful execution of a legal duty. Thus, C.E.L.’s continued flight in defiance of the officers’ lawful command constituted the offense of resisting an officer without violence under section 843.02....
...was apprehended and arrested on the obstruction charge, the officers also determined that he had an outstanding arrest warrant. However, the officers’ discovery of the existence of the outstanding arrest warrant after he was stopped has no effect on our analysis of the section 843.02 violation....
...olence because it "would improperly criminalize the simple act of fleeing from an officer and expand the holding of Wardlow beyond its plain language." Id. at 1132. . Although D.T.B. was charged with resisting arrest without violence, a violation of section 843.02 is not limited to resisting arrest, but rather expansively criminalizes resistance of an officer who is in the performance of a lawful duty without violence....
CopyCited 28 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 435
...by means *145 of an illegal search. The juvenile court granted the motion. (4) Respondents A.M.E. and S.E. were charged with delinquency in that they allegedly obstructed a law enforcement officer in the performance of his legal duty in violation of section 843.02, Florida Statutes (1981)....
...At the hearing on the motion defense counsel argued that it was necessary to allege that the officer was trying to arrest the accused at the time of the alleged resistance. Counsel for the state correctly pointed out that there is no such requirement in section 843.02. The court then asked counsel for the state to proffer the facts which the state's evidence would show. On the ground that the facts proffered, even if shown by evidence, would not constitute a violation of section 843.02, the court dismissed the petition for delinquency....
CopyCited 28 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21918762
...Turning to the charge of obstructing or opposing an officer without violence, the State had to establish that on February 26 the officers were engaged in the lawful execution of a legal duty and E.A.B.'s actions amounted to obstruction or resistance of that lawful duty. See § 843.02, Fla....
CopyCited 28 times | Published | Florida 4th District Court of Appeal | 1999 WL 212084
...4th DCA 1978). Although Jay was not charged with obstructing the officer, the state maintains that the attempted arrest for obstructing created the basis for the resisting arrest charge. [1] The attempted arrest of Jay was based upon Florida Statutes section 843.02, resisting an officer without violence, which provides, "[w]hoever shall resist, obstruct, or oppose an officer ... in the lawful execution of a legal duty." § 843.02, Fla....
...(1997)(emphasis added). Because the law permits a person to resist an illegal arrest without violence, Jay committed the crime of resisting an officer without violence only if the underlying attempted arrest for obstruction was lawful. "To support a conviction under section 843.02, the state must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty." S.G.K....
CopyCited 27 times | Published | Florida 2nd District Court of Appeal | 1995 WL 370478
...ce. We reverse because the state failed to prove that D.G.'s verbal protests crossed the threshold from protected free speech to conduct that obstructed the officers in the "execution of legal process" or in the "lawful execution of any legal duty." § 843.02, Fla....
...This generic description also fits D.G. The officer explained that D.G. interfered with the investigation by yelling and by encouraging his mother not to cooperate with the police. The trial court found that D.G.'s protests rose to the level of a violation of section 843.02....
...discretion, but his actions do not constitute disorderly conduct or obstruction of a police officer in the performance of a legal duty. See L.A.T. v. State,
650 So.2d 214 (Fla. 3d DCA 1995). This case demonstrates two common difficulties in applying section
843.02 to verbal conduct that allegedly "resist[s], obstructs[s], or oppose[s] any officer ... in the lawful execution of any legal duty." §
843.02....
...In Wilkerson, a bystander protested police efforts to arrest drug suspects. The First District affirmed the conviction because the bystander's conduct involved physical opposition to the police, in addition to yelling and cursing. On the other hand, there are cases holding that the use of mere words can be a violation of section 843.02 when a suspect provides false information to a police officer during a valid arrest or Terry [1] stop....
CopyCited 26 times | Published | Florida 4th District Court of Appeal | 2003 WL 22339198
...Since the State failed to establish every element of the crime of giving a fictitious name the conviction pursuant to section
901.36 is reversed. J.P. also contends the trial court erred in denying his motion for judgment of acquittal on count II, resisting without violence, a violation of section
843.02, Florida Statutes (2001)....
...ied in making a stop pursuant to the Stop and Frisk statute. See H.H.,
775 So.2d at 398. On similar facts, two of our sister courts have held flight by the passenger of a vehicle did not constitute the crime of resisting without violence pursuant to section
843.02....
...2d DCA 1996); S.G.K. v. State,
657 So.2d 1246 (Fla. 1st DCA 1995). The mere flight of J.P., a passenger in a stopped vehicle who was not suspected of any personal criminal behavior, is insufficient to sustain a conviction for resisting without violence pursuant to section
843.02....
CopyCited 26 times | Published | Florida 1st District Court of Appeal | 1990 WL 5403
...ion of section
893.13(1)(g); (3) possession of illicit drug paraphernalia, in violation of section
893.147; and (4) obstruction of a law officer in the execution of his legal duties without offering or doing violence to such officer, in violation of section
843.02....
...Her nolo plea, reserving the right to appeal this ruling, was accepted by the court and judgment of conviction was entered. The sole issue stated in appellant's brief is whether "appellant's arrest for opposing or obstructing a police officer was illegal because section 843.02, Florida Statutes, is overbroad in violation of the Fourteenth Amendment to the United States Constitution and Article 1, Section 9, of the Florida Constitution." Section 843.02 provides as follows: 843.02 Resisting officer without violence to his person....
...to police action, as "a certain amount of expressive disorder not only is inevitable in a society committed to individual freedom, but must itself be protected if that freedom would survive."
482 U.S. at 471,
107 S.Ct. at 2515. Wilkerson argues that section
843.02 similarly operates to prohibit her exercise of free speech, which under Hill includes her right to curse police officers in the performance of their duties when she disagrees with them, so long as her words and conduct do not amount to "fighting words." See Hill,
482 U.S. at 461-62,
107 S.Ct. at 2509. She argues that section
843.02 was given a construction in this case that renders it invalid in that she was arrested for violating the statute only because she was yelling at and cursing the officers, not because she was otherwise interfering with the performance of their duties. We note that in Dreske v. Holt,
536 F.2d 105 (5th Cir.1976), cert. denied,
429 U.S. 1061,
97 S.Ct. 785,
50 L.Ed.2d 777 (1977), section
843.02 was challenged as facially unconstitutional for not giving fair notice of the prohibited conduct and the court upheld the validity of the statute citing, among other cases, Colten v....
...In Hill the Court distinguished its holding in Colten because the Houston ordinance "in no way resembles the law upheld in Colten." City of Houston v. Hill,
482 U.S. at 465,
107 S.Ct. at 2511. However, neither Dreske nor Colten involved the precise issue presented here, as the pivotal question before us is whether section
843.02 impermissibly prohibits or proscribes protected free speech under the guise of supposed interference with an officer. We do not construe the language of section
843.02 as reaching protected free speech....
...2908, 2917,
37 L.Ed.2d 830 (1973): "where conduct and not merely speech is involved, we believe that the overbreadth of a statute must not only be real, but substantial as well, judged in relation to the statute's plainly legitimate sweep."
425 So.2d at 1130-31. Section
843.02 as construed herein meets this test without any doubt....
CopyCited 26 times | Published | Supreme Court of Florida
..." and placed them on both sides of a Pensacola intersection at which he had observed police officers using radar equipment. Moments later, he was arrested on a charge of "obstructing a police officer in the performance of his duties," a violation of Section 843.02, Florida Statutes....
CopyCited 25 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 463511
...As we understand Florida law, it is a *1559 crime not only to oppose or to obstruct a law officer in the execution of the officer’s duty, but also to attempt to oppose or to obstruct the officer. . And none of these crimes require violence or the offer to do violence. See Fl.Stat. § 843.02 7 ; State v....
...s subjective intent is irrelevant. See Harlow,
457 U.S. at 816 ,
102 S.Ct. at 2737 (because "substantial costs attend the litigation of the subjective good faith of government officials,” subjective malice is irrelevant to qualified immunity). . Section
843.02 says in part: Whoever shall resist, obstruct, or oppose any officer ......
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 1989 WL 57221
...because the undisputed evidence fails to establish a prima facie case of that crime. [*] The offense of resisting an officer requires proof that the defendant obstructed or opposed an officer who was engaged in the lawful execution of a legal duty. § 843.02, Fla....
CopyCited 21 times | Published | Florida 4th District Court of Appeal | 1999 WL 641813
...The test to be applied on review of the denial of a motion for judgment of acquittal is whether the jury might reasonably conclude the evidence fails to exclude every reasonable hypothesis of innocence. Id. at 716 (citations omitted). "To support a conviction under section 843.02, the state must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty." Jay v....
CopyCited 20 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 369
...State,
430 So.2d 519 (Fla. 2d DCA 1983); Williamson v. State,
388 So.2d 1345 (Fla. 3d DCA 1980). I believe the conduct shown by the facts of this case was obviously intended by the legislature to be punished as the offense of resisting an officer under section
843.02, Florida Statutes (1981)....
CopyCited 20 times | Published | Florida 3rd District Court of Appeal
...Appellant was adjudicated and sentenced as set forth above. From his judgment of conviction and sentences, he appeals. There is no point on appeal related to the disorderly conduct conviction and sentence; therefore, they are affirmed. However, in regard to appellant's conviction, under Section 843.02, Florida Statutes (1977), for resisting an officer without violence, we find error which does require reversal....
...The record shows that the evidence adduced by appellant at trial as well as the arguments made by his defense counsel supported and advanced this theory of defense. What the record does not show, however, is that appellee fulfilled its burden under Section 843.02 to show the legality of the arrest which appellant was convicted of resisting without violence. Under Section 843.02 it is apparent that the proof of the legality of an arrest is an essential element to be shown by the prosecution....
...Section
776.051, Florida Statutes (1977); K.G. v. State,
338 So.2d 72 (Fla.3d DCA 1976). The defendant below successfully requested, however, that the court instruct the jury on what he deemed the lesser included offense of resisting arrest without violence under Section
843.02, Florida Statutes (1977)....
...ence. NOTES [1] We note that, although in the instant case appellant was charged under §
843.01, Fla. Stat. (1977), with resisting an arrest with violence, he requested a jury instruction on the offense of resisting an arrest without violence under §
843.02, Fla. Stat. (1977). It is this latter offense for which he was convicted (including the disorderly conduct charge). The appropriateness of §
843.02 as a lesser included offense under §
843.01 has not been raised in this appeal; however, we further note that, pursuant to the criteria articulated in Brown v. State,
206 So.2d 377 (Fla. 1968), the information herein alleged all of the essential elements of §
843.02 (allegata) thereby falling within category four of Brown ; however, for the reasons set forth herein, the requisite probata was not present. [1] Although the issue is not before us, I believe, contrary to Judge Kehoe's view as expressed in the footnote to his opinion, that resisting arrest without violence under §
843.02, is a necessarily lesser included offense of the charge of resisting with violence under §
843.01....
CopyCited 20 times | Published | Florida 3rd District Court of Appeal | 1995 WL 59560
...had physically interfered with the police officers in their arrest of L.A.T.'s companion or had screamed with such volume as to interfere with the officers' ability to communicate with one another, with witnesses, or with the arrestee. In that event, L.A.T. could properly be found guilty of violating Section 843.02, Florida Statutes (1991), as nothing in the First Amendment protects a person who, under the guise of verbally protesting another's arrest, interferes with a police officer's lawful arrest of a third party....
...were "fighting words." I agree that on the record made in this case, the words do not qualify as "fighting words." It would be a different matter if L.A.T. had physically interfered with the work of the officers, in which case he could be charged under an appropriate statute. See § 843.02, Fla. Stat. (1993). Similarly, in my view L.A.T. could be charged under section 843.02 if he had positioned himself in proximity to the officers and then screamed so as to interfere with the ability of the officers to communicate with each other and with witnesses....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal
...garding them. Petitioner was subsequently charged by information with selling an alcoholic beverage without a license, in violation of section
562.06, Florida Statutes (1979), and resisting a law enforcement officer without violence, in violation of section
843.02....
...d, and any evidence developed as a result thereof is inadmissible. Wong Sun v. United States,
371 U.S. 471,
83 S.Ct. 407,
9 L.Ed.2d 441 (1963). Moreover, since the arrest itself was unlawful, a prosecution for resisting arrest without violence under section
843.02 must also fail....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 2001 WL 753882
...rney General, Daytona Beach, for Appellee. ORFINGER, R.B., J. V.L., a child, appeals the trial court's order adjudicating him delinquent after having been found guilty of resisting, obstructing or opposing an officer without violence in violation of section 843.02, Florida Statutes (1999)....
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 14957, 2016 WL 4269796
...y rejected a
prisoner’s claim to a prison environment least restrictive of his desire to speak to
outsiders.” Id. at 706,
106 S. Ct. at 3177. By the same token, Wright also could
have been incarcerated for his unlawful conduct, see Fla. Stat. §
843.02; id.
§
775.082(4)(a), which for the duration of his incarceration would have prevented
him from engaging in expressive conduct in any of the City’s many public parks.
The Arcara decision provides the proper framework for analyz...
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit
...The defendants requested that the remaining state law claim be transferred back to state court- . Monell v. Dep't of Soc. Servs.,
436 U.S. 658 ,
98 S.Ct. 2018 ,
56 L.Ed.2d 611 (1978). . The criminal judgment states that Marantes pled no contest to resisting an officer with violence. However, it cites Florida Statutes §
843.02, which criminalizes resisting an officer without violence. See Fla. Stat. §
843.02 ....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 2008 WL 397413
...The State of Florida appeals the downward departure sentence imposed on Malik G. Stephenson after he pled no contest to aggravated fleeing and eluding in violation of section
316.1935(3); Florida Statutes (2006), and one count of resisting an officer without violence, in violation of section
843.02, Florida Statutes (2006)....
CopyCited 16 times | Published | Supreme Court of Florida | 2001 WL 788085
...admission and use of hearsay evidence against him. FACTS Anthony Banks was charged with delivery of cocaine in violation of sections
893.03(2)(a)4 and
893.13(1)(a)1, Florida Statutes (1997), and resisting an officer without violence in violation of section
843.02, Florida Statutes (1997)....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4092820
...Hurley, Assistant Attorney General, Tampa, for Appellee. EN BANC CANADY, Judge. In this case, we address a claim that the evidence was insufficient to support an adjudication for the offense of resisting, obstructing, or opposing a law enforcement officer without violence under section 843.02, Florida Statutes (2007). Specifically, we consider whether a person who knowingly fails to heed a police order to stop is guilty of an offense under section 843.02 when the order to stop is justified by Illinois v....
...Wardlow,
528 U.S. 119,
120 S.Ct. 673,
145 L.Ed.2d 570 (2000). Pursuant to Florida Rule of Appellate Procedure 9.331(a) and (c), the court on its own motion has ordered en banc consideration of this case. For the reasons we explain, we conclude that a violation of section
843.02 was committed in the circumstances at issue here....
...Analysis In considering C.E.L.'s argument, we (a) acknowledge that it presents an issue of fundamental error, (b) summarize the rules governing our review of orders on motions for judgment of dismissal, (c) discuss the elements of an offense under section 843.02, and (d) examine the relationship between police action justified under Wardlow and violations of section 843.02....
...act-finder could find the elements of the crime proven beyond a reasonable doubt, then the evidence is sufficient to sustain the adjudication of delinquency." I.M. v. State,
917 So.2d 927, 929 (Fla. 1st DCA 2005). C. The Elements of an Offense Under Section
843.02 Section
843.02 provides that "[w]hoever shall resist, obstruct, or oppose any officer ......
...ty. For example, in D.M. v. State,
681 So.2d 797 (Fla. 2d DCA 1996), we addressed circumstances where the defendant fled from an officer attempting to carry out an investigative detention. We held that to establish the commission of an offense under section
843.02, "the state must establish that [(1)] the defendant fled with knowledge of the officer's intent to detain him and [(2)] the officer was justified in making the detention due to his founded suspicion that the defendant was engaged in criminal activity."
681 So.2d at 798; see also J.R.P. v. State,
942 So.2d 452, 453-54 (Fla. 2d DCA 2006); F.E.C. v. State,
559 So.2d 413, 414 (Fla. 2d DCA 1990). Accordingly, a defendant who flees from the police is culpable under section
843.02 if (a) a law enforcement officer issues a lawful order to the defendant to stop, (b) the defendant has knowledge of the order and that it is issued by a law enforcement officer, and (c) the defendant refuses to obey the order. D. The Relationship Between Section
843.02 and Police Action under Wardlow Here, there is no suggestion either that the order to stop was unlawful or that C.E.L. did not act in knowing defiance of the order. The question presented by the instant case is whether an exception should be made from the general rule that knowing defiance of a lawful order to stop constitutes a violation of section
843.02....
...The defendant's knowing defiance of the command to stop was, however, not a focus of the analysis in either case. Instead, the analysis in both cases focused on refuting the State's suggestion that the defendant's initial flight was itself a violation of section 843.02....
...e cause, the individual must be allowed to go on his way.'" D.T.B.,
892 So.2d at 524 (quoting Wardlow,
528 U.S. at 126,
120 S.Ct. 673). On this basis, the court concluded that the evidence was insufficient to establish that D.T.B. was culpable under section
843.02....
...We reasoned that allowing a charge of resisting an officer without violence under such circumstances "would improperly criminalize the simple act of fleeing from an officer and expand the holding of Wardlow beyond its plain language." Id. at 1132. Contrary to our statement in J.D.H., we now conclude that an offense under section 843.02 is committed by a person fleeing the police who defies a lawful order to stop even if the justification for detaining that person does not exist before he initially flees from the police....
...And it is of no consequence that the initial flight was not a crime. Once the police obtained justification based on Wardlow to stop C.E.L. and acted pursuant to that justification, C.E.L. was required to comply. Although the mere act of running from the police was not an offense under section 843.02, once a lawful command to stop had been issued by an officer, knowing defiance of that command was such an offense....
...egal duty when he acts to detain a person based on reasonable suspicion pursuant to Wardlow. There is no reason that a person who knowingly defies an officer's lawful command to stop in such circumstances should be absolved from responsibility under section 843.02. In recognizing this, we do not imply that every act of flight from the police is a crime. Instead, we simply acknowledge (a) that knowing defiance of a lawful police order is within the scope of section 843.02 and (b) that investigatory detentions pursuant to Wardlow are fully lawful. Under section 843.02, lawful police action based on Wardlow should not be treated differently than lawful police action based on other grounds. IV. Conclusion The trial court correctly denied C.E.L.'s motion for judgment of dismissal. We therefore affirm C.E.L.'s adjudication under section 843.02....
...Although I cannot refute the logic of our decision today, experience suggests to me that the United States Supreme Court did not envision the circumstances of this case when it decided Illinois v. Wardlow,
528 U.S. 119,
120 S.Ct. 673,
145 L.Ed.2d 570 (2000). The Wardlow decision, when mixed with the content of section
843.02, Florida Statutes (2007), and the inclinations of the typical teenage mind, creates a recipe for police tactics that can only exacerbate racial and socio-economic tensions in the communities of this state....
...Thus, the deputies were legally authorized to order the two teenagers to *564 stop. Because the teenagers did not stop running when ordered to do so, this court now concludes that the teenagers committed the misdemeanor of resisting an officer without violence under section 843.02....
...Finally, I would note that the court's opinion does not express direct conflict with Judge Shevin's decision for the Third District in D.T.B. v. State,
892 So.2d 522 (Fla. 3d DCA 2004), but there does appear to be such express and direct conflict. NOTES [1] Although the defendant in D.T.B. was charged with an offense under section
843.02, Florida Statutes (2004), the Third District referred to the offense as "obstructing/resisting arrest without violence."
892 So.2d at 522. As is apparent from the foregoing discussion of the elements of an offense under section
843.02, the act of resisting, obstructing, or opposing need not be directed toward an attempted arrest....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 5746264
...hasis
supplied).
Fish was arrested for the offenses of possessing firearms and ammunition in
violation of a domestic violence injunction (Fla. Stat. §
790.233(1)), and resisting
an officer without violence to his or her person (Fla. Stat. §
843.02)....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1992 WL 333231
...count. The remaining convictions are reversed and the cause remanded for a new trial. NOTES [1] In our view the other case principally relied on by the State, Nelson v. State,
395 So.2d 176, 178 (Fla. 1st DCA 1981), has been limited by Lawhorne. [2] §
843.02, Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...§
843.01 and was tried by jury. After the state rested its case, appellant moved for a judgment of acquittal under RCrP 3.380. Upon denial, appellant changed his plea to nolo contendere to the lesser offense of resisting arrest without violence proscribed by Fla. Stat. §
843.02....
...anney v. State, Fla. App.2d 1973,
298 So.2d 495, still there must be legal grounds for the arrest for it to be valid. See City of Miami v. Albro, Fla. App.3d 1960,
120 So.2d 23. The arrestee cannot be convicted under either Fla. Stat. §§
843.01 or
843.02, unless the arrest is lawful....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1990 WL 126318
...1st DCA 1981), Lowery v. State,
356 So.2d 1325 (Fla. 4th DCA 1978), and many other cases, sections
843.01 and
776.051(1) penalize a defendant's resistance of an unlawful arrest with violence. Appellant was ultimately convicted of resisting arrest without violence under section
843.02....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713537
...Rodriguez was under no obligation to remain and talk unless or until the deputy communicated an intention to detain him. See Yarusso,
942 So.2d at 943. But even if the deputy had done so, the offense of obstructing an officer in the performance of his legal duty is only a misdemeanor. See §
843.02....
...Rodriguez guilty of that crime, a first-degree misdemeanor. Cf. Roy,
944 So.2d at 406-07. Concerning the charge of obstructing a law enforcement officer with violence, the evidence failed to prove either that crime or its lesser included offense, obstructing an officer without violence pursuant to section
843.02....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 200
...ser included offense of resisting with violence, but a close inspection of the elements of the offenses, as interpreted by the case law, does not support that view. One of the essential elements of the crime of resisting an officer without violence (section 843.02) is the lawfulness of the arrest or activity in which the officer is then engaged....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 33 Fla. L. Weekly Fed. D 540
...the elements of the crime beyond a reasonable doubt, sufficient evidence exists to sustain a conviction." Id. One element of the crime of resisting an officer without violence is that the officer was engaged in the lawful execution of a legal duty. § 843.02, Fla....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2000 WL 1853642
...The elements of resisting an officer without violence require that (1) the officer be engaged in the lawful execution of a legal duty and (2) the defendant's action constitute obstruction or resistance of that lawful duty. See Fripp v. State,
766 So.2d 252 (Fla. 4th DCA 2000); §
843.02, Fla.Stat....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2002 WL 460892
...y School. Appellant was charged with sale or delivery of a controlled substance within 1000 feet of a school, in violation of sections
893.13(1)(c)1. and
893.03(2)(a)4., Florida Statutes (1999), and resisting arrest without violence, in violation of section
843.02, Florida Statutes (1999)....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2001 WL 630488
...person guilty of numerous crimes. Compare People v. Perryman, 188 Cal.App.3d 1546, 234 Cal.Rptr. 181 (1987), with Heard v. United States, 686 A.2d 1026 (D.C.Cir.1996). If Ms. Bowen had been charged with misdemeanor obstruction of justice pursuant to section 843.02, Florida Statutes (1997) ( see Francis v....
...that this was his real name, or the radio interview in which Carr stated his real name was Hank Earl Carr. [7] At the time of these events, the concealed possession of such a key was not a crime. In direct response to Hank Earl Carr, it now is. See § 843.021, Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1989 WL 6421
...Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee. COBB, Judge. The appellant, Kevin Steele, was convicted of grand theft and resisting an officer without violence. The latter charge, based on section 843.02, Florida Statutes (1987), [1] arose from the fact that Steele originally gave a false name to the arresting officer....
...in any way by the misinformation. Cf. Caines v. State,
500 So.2d 728 (Fla. 2d DCA 1987) (giving of false name resulted in filing of information against, and court appearance of, wrong defendant). REVERSED. DAUKSCH and COWART, JJ., concur. NOTES [1] Section
843.02 provides:
843.02 Resisting officer without violence to his person....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 2002 WL 31466084
...Rehearing and Rehearing En Banc Denied January 15, 2003. GODERICH, Judge. A petition for delinquency was filed against H.A.P., a juvenile, alleging that he unlawfully resisted, obstructed or opposed law enforcement officers in the lawful execution of a legal duty without violence, in violation of section 843.02, Florida Statutes (2002)....
...This appeal followed. H.A.P. contends that the trial court erred by denying his motions for judgment of acquittal where his actions, the use of profanity and refusal to obey the police officers' orders to leave a public place, were not punishable conduct under section 843.02, Florida Statutes (2002). We disagree. In order to establish a violation of section 843.02, the State is required to establish that: "(1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of the lawful duty." Slydell v....
...H.A.P.'s defiance resulted in the police delaying the execution of the narcotics search warrant. Thus, H.A.P.'s actions constituted an obstruction or resistance of a law enforcement officer's lawful duty, and therefore, the trial court properly found that H.A.P. violated section
843.02, Florida Statute (2002). We agree with the State that, based on Wilkerson v. State,
556 So.2d 453 (Fla. 1st DCA), review denied,
564 So.2d 1088 (Fla.1990), the trial court properly found that H.A.P. violated section
843.02....
...ities. A deputy officer then ordered the defendant to leave the area because she was "interfering with their efforts to make the arrests." Wilkerson,
556 So.2d at 454. After she refused to do so, the defendant was arrested and charged with violating section
843.02, Florida Statutes....
...Rather, H.A.P. was arrested because his actions interfered with the law enforcement officers' execution of the search warrant. See Wilkerson,
556 So.2d at 456 ("Although a person's speech may at times be implicated incidentally in the enforcement of [section
843.02, Florida Statutes], its plainly legitimate sweep is to reach conduct that physically obstructs or opposes an officer in the performance of lawful duties.") As such, we affirm the order under review....
...COPE, J., concurs. *240 JORGENSON, Judge, dissenting. Until today I had thought that one could ignore the unlawful order of a police officer without incurring criminal liability. My colleagues think otherwise and therefore I respectfully dissent. Violation of section 843.02 requires that the respondent obstruct or oppose the officers in the execution of their duties....
...State,
769 So.2d 1132 (Fla. 3d DCA 2000) (holding that profane and offensive speech directed to officers is protected under the First Amendment to the United States Constitution), then surely mere presence [3] cannot serve as such a basis. The majority's construction of section
843.02 stands the statute on constitutionally unstable ground....
...In Wilkerson, the defendant stood across the street from the scene of a narcotics investigation and arrest, cursing and yelling at the officers. Id. at 453. After the officers told the defendant to leave the area, and she refused, the officers arrested the defendant for violation of section 843.02....
...But the constitution does not permit that result.'") (quoting L.A.T. v. State,
650 So.2d 214, 217 (Fla. 3d DCA 1995)); J.G.D. v. State,
724 So.2d 711 (Fla. 3d DCA 1999); S.D. v. State,
627 So.2d 1261, 1262 (Fla. 3d DCA 1993). See also R.S. v. State,
531 So.2d 1026 (Fla. 1st DCA 1988). The interpretation of section
843.02 given by the majority in this case and the First District in Wilkerson renders the statute unconstitutionally overbroad and *242 vague as to the respondent....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1998 WL 117344
...child without unreasonable delay to the school system." Anyone who resists, obstructs, or opposes an officer in the lawful execution of a legal duty, without offering or doing violence to the officer's person is guilty of a first degree misdemeanor. § 843.02, Fla....
CopyCited 11 times | Published | District Court, M.D. Florida | 1999 U.S. Dist. LEXIS 14357, 1999 WL 427463
...guable probable cause to arrest Stachel for violating §
806.10(2). The plaintiff also claims that the defendants are not entitled to qualified immunity because there was no probable cause to arrest her for resisting without violence in violation of §
843.02 Florida Statutes....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1989 WL 63350
...giving a false name to the officer, occurred at a point in time after he had been arrested, handcuffed, and placed in the back of a police vehicle and thus could not constitute the crime of resisting arrest without violence. This position has no merit. We agree with the second district that § 843.02 Florida Statutes [1] has a much broader scope than merely resisting arrest....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 2005 WL 17772
...We grant the state's motion for rehearing, [1] withdraw our previous opinion and substitute the following in its place. N.H., a minor, appeals an adjudicatory order in which the trial court withheld an adjudication of delinquency and gave a judicial warning for violating § 843.02, Fla....
...cers and menacingly raised his fists at them. Recognizing a potential threat, two of the officers grabbed him, and were pulled to the ground by N.H. in an ensuing struggle. N.H. was charged with resisting an officer without violence, in violation of § 843.02, Fla....
...When the officers started to approach the individual, he darted across moving traffic to avoid them. The officers' decision to stop and question N.H. was entirely reasonable under the circumstances. B) Resisting the Officer N.H. was charged with resisting an officer, in violation of § 843.02, Fla. Stat. Section 843.02 reads in pertinent part: "Whoever shall resist, obstruct, or oppose any officer ......
...It is intended to apply to any situation where a person willfully interferes with the lawful activities of the police. Nothing indicates that it applies only when police are arresting a suspect, nor does the case law support such a narrow construction of the statute. See Jacobson v. State,
476 So.2d 1282, 1287 (Fla.1985)("section
843.02 ......
...3d DCA 1976) (charge of resisting officer with violence, section
843.01, proper when officer has legal right to detain suspect for questioning). See also Simeon v. State,
778 So.2d 455 (Fla. 4th DCA 2001) (providing false information to non-arresting officer sufficient to support a violation of §
843.02); K.A.C. v. State,
707 So.2d 1175 (Fla. 3d DCA 1998) (failure of juvenile who was the subject of a lawful investigatory stop for possible truancy 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 under §
843.02). Although not dispositive, we also note that the title of §
843.02 is "resisting [an] officer," not "resisting arrest." There are two elements to resisting an officer....
...be denied). The facts in this case are stronger than those in K.A.C., where this court held that the failure of a juvenile to provide information to police officers that he was legally obligated to provide was sufficient to constitute a violation of § 843.02....
...
707 So.2d at 1177. The fact that the police did not have probable cause to arrest N.H. at the time he was initially stopped is of no consequence under the circumstances because the police were engaged in "the lawful exercise of [a] legal duty" when N.H. resisted. §
843.02, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1999 WL 761162
...an opportunity to correct the error. See id. at 644. The trial judge here was fully apprised of the alleged error and what was being requested by defense counsel. As in Steele, we conclude that the issue raised in the instant case is reviewable. [1] Section 843.02, Florida Statutes (1997), provides that whoever shall resist, obstruct, or oppose any law enforcement officer in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a first-degree misdemeanor. Section 843.02 does not specifically require that the person charged have knowledge that the person they are resisting is a law enforcement officer. [2] While section 843.02 does not include the knowledge element, this court has held that an essential element of the crime of resisting an officer without violence is "knowledge [on the part of the defendant] that the officer intended to detain him or her." See Calliar v....
CopyCited 10 times | Published | Florida 5th District Court of Appeal
...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)....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1997 WL 97158
...to a maximum of six months, but may reimpose one year terms for the first degree misdemeanors. DISPOSITIONS VACATED and MATTER REMANDED. COBB and W. SHARP, JJ., concur. NOTES [1] §
877.03, Fla. Stat. (1995). [2] §
893.13(6), Fla.Stat. (1995). [3] §
843.02, Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2006 WL 846762
...also inaccurate. Dotson referred to her in his affidavit as a confidential source. He testified he did this in order to protect her identity. This was not a false representation. AFFIRMED. PALMER and LAWSON, JJ., concur. NOTES [1] §
893.135(1)(b); §
843.02, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1991 WL 27161
...lain reading of the statute, so long as he was engaged in the lawful performance of his duties. By way of comparison, in M.C. v. State,
450 So.2d 336 (Fla. 5th DCA 1984), the Fifth District upheld a delinquency adjudication based upon a violation of Section
843.02, Florida Statutes (1983), making it a misdemeanor of the first degree to resist an officer without violence to the officer's person. Section
843.02 provided in part, similar to section
784.07, that the officer, at the time of the offense, must either be "in the execution of legal process or in the lawful execution of any legal duty." In M.C....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1993 WL 502356
...ellant was arrested. Two arguments were made by the State, to the trial court, in support of the charges: (1) The appellant's "verbal" conduct which alerted those in the area that the persons selling drugs were in fact police officers violated section 843.02, Florida Statutes (1991), [2] which prohibits an obstruction of an officer in the exercise of a lawful duty; and (2) the officer's instruction to the appellant to stop alerting those in the area of a police presence was a request for a...
...The appellant did not wave again after the officer threatened to arrest him. Reversed. NOTES [1] As an "eyeball," Officer Strachan's role was to inform bystanders that they were giving away the operation by telling people of the true identity of the officers. [2] Section 843.02, Florida Statutes (1991), provides that: Whoever shall resist, obstruct or oppose any officer......
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1992 WL 64477
...By this opinion we foreclose further enforcement of the administrative order. DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur. NOTES [1] Based upon the record before us, it does not appear this rule was adopted in accordance with Florida Rule of Judicial Administration 2.050(e). [2] § 843.02, Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 15419, 2008 WL 4526024
...the motions to dismiss and to suppress without further discussion. However, Appellant also contends the trial court erred in denying his motion for judgment of acquittal as to the offense of resisting an officer without violence, charged pursuant to section 843.02, Florida Statutes (2005)....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 20 Fla. L. Weekly Fed. D 1555
...(1991)], as a "lesser included offense" of the charged offense of burglary of an unoccupied structure, also a third degree felony [§
810.02(3), Fla. Stat. (1991)], (2) petit theft [§
812.014(1), (2)(d), Fla. Stat. (1991)], and (3) resisting an officer without violence [§
843.02, Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2955034
...Crist, Jr., Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for appellee. Before SHEVIN, RAMIREZ and WELLS, JJ. SHEVIN, Judge. D.T.B., a juvenile, appeals an adjudication of delinquency for obstructing/resisting arrest without violence. § 843.02, Fla....
...was involved in any criminal activity on this occasion. When the police pulled up to the area, D.T.B. ran away. The officers yelled, "Stop, Police." D.T.B. continued to run. The officers caught D.T.B. and arrested him. D.T.B. was charged with obstructing/resisting arrest without violence under section 843.02....
...The defense filed a motion for judgment of acquittal, asserting that Illinois v. Wardlow,
528 U.S. 119,
120 S.Ct. 673,
145 L.Ed.2d 570 (2000), did not mandate an adjudication in this case. The state argued that under Wardlow D.T.B.'s flight constituted resisting an officer, and satisfied the elements of the offense under section
843.02....
...f probable cause, the individual must be allowed to go his way." Wardlow,
528 U.S. at 126,
120 S.Ct. 673. However, that was not done. The motion for judgment of acquittal should have been granted. In some cases, flight can support a conviction under
843.02....
...was engaged in any criminal activity at all. The officers only wanted to fill out their field interview card a completely consensual encounter. The state cannot graft Wardlow's holding onto the statutory requirement to assert that for purposes of section 843.02 reasonable suspicion is now the equivalent of "articulable well founded suspicion of criminal activity" to support detention of the defendant....
...673 upon having learned nothing further, D.T.B. should have been allowed to go on his way. Id. As in R.E.D., the officers were not involved in the lawful execution of a legal duty so that D.T.B.'s flight would constitute obstruction. The cases prior to Wardlow interpreting section 843.02 uniformly hold that flight is insufficient to constitute resisting arrest without violence....
...f obstructing an officer without violence will be found in the cases interpreting our state statute, not in Wardlow. " Id. We are mindful of the cases the state cites to support its argument that mere flight is sufficient to justify conviction under 843.02....
...To the extent that our holding today conflicts with these cases, we certify conflict therewith. Based on the foregoing, we conclude that the state has failed to demonstrate that D.T.B. resisted or opposed arrest so as to justify adjudication under section 843.02....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2006 WL 1006865
...f or herself in any way, to the law enforcement officer. . . . Before the 1999 adoption of the "false name" statute, giving a false name to a police officer was prosecuted as an obstruction of justice, or resisting an officer without violence, under section 843.02, Florida Statutes....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...Robert L. Shevin, Atty. Gen., George R. Georgieff and Patti Englander, Asst. Attys. Gen., for appellee. PER CURIAM. This is an appeal from an allegedly illegal sentence imposed following conviction of resisting arrest without violence under Florida Statute § 843.02....
CopyCited 8 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 119126, 2011 WL 4903086
...alk away. (Doc. 46 at 15). Additionally, Cavis had no right to conduct an “investigative stop” because Frias was never a suspect in the “taking” 7 of John Alex. Cavis argues that he had probable cause to arrest Frias based on Florida Statute § 843.02 which states, in relevant part, “[wjhoever shall resist, obstruct, or oppose any officer ... shall be guilty of a misdemeanor in the first degree.” Florida courts have said, “[t]o support a conviction under section 843.02, the state must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty.” R.E.D....
...9 Rather, obstruction cases always involve physical conduct, or what amounts to “fighting words.” See, e.g., Francis v. State,
736 So.2d 97, 99 (Fla. 4th DCA 1999) (holding that defendant’s actions of physically blocking the officer’s path to investigate a beating in another room constituted obstruction under §
843.02); Wilkerson v....
...491, 498 ,
103 S.Ct. 1319 ,
75 L.Ed.2d 229 (1983). To hold Frias liable for obstructing a police investigation is to say that she was not free to ignore Deputy Cavis and walk away, because in doing so, she was in violation of a Florida statute. Such a reading of §
843.02 would violate the Fourth Amendment....
...Section 1983 Warrantless Entry An officer may enter a residence without a warrant only when the officer has both probable cause and there was exigency. United States v. Holloway,
290 F.3d 1331, 1337 (11th Cir.2002). Cavis did not have probable cause to arrest Frias for a violation of Florida Statute §
843.02, and he points to no other justification for his entrance....
...From a Constitutional perspective though, what Frias “should” have done is irrelevant. She had the right to ignore Deputy Cavis and walk away. Cavis was understandably upset at the situation, but that does not give him the right to arrest her. Although section 843.02 of the Florida Statutes is necessary to ensure that an officer is able to carry out his or her job, it has its limits....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1994 WL 559630
...that Gamble possessed the forty rocks of cocaine with intent to sell or distribute them. This case should be affirmed. NOTES [1] §
893.13(1)(e), Fla. Stat. (1991). [2] §
893.13(1)(f), Fla. Stat. (1991). [3] §
893.13(1)(a), Fla. Stat. (1991). [4] §
843.02, Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1993 WL 491426
...Lester Starks appeals his conviction and sentence for resisting an officer without violence. We affirm. Defendant asserts that the trial court gave an erroneous jury instruction on the count for which defendant was convicted, resisting an officer without violence contrary to section 843.02, Florida Statutes (1991)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 565
...Consequently, the agents were justified in pursuing Nease for further questioning. The struggle that followed when they caught him would have been sufficient to justify his arrest for interfering with an officer in the performance of his legal duty. § 843.02, Fla....
CopyCited 8 times | Published | Supreme Court of Florida
...The arrest was performed without a warrant pursuant to the authority granted under this specific circumstance by section
901.15(6). Appellant was subsequently convicted of spouse battery, section
784.03(1)(a), Florida Statutes (1977), and resisting arrest without violence, section
843.02, Florida Statutes (1977)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1991 WL 98040
...It does violate the laws of the State of Florida to do that and to act as a lookout and yell 28 plain clothes for the purposes of aiding and assisting others in discarding evidence of criminal activity and escaping a police investigation. It does constitute in the court's view evidence of the crime of obstruction under 843. Section 843.02 Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee. SPECTOR, Judge. Appellant seeks reversal of a sentencing order entered April 16, 1973, whereunder he was sentenced to serve one year upon conviction of the crime of resisting arrest with violence. Section 843.02, Florida Statutes, F.S.A., provides a maximum penalty upon such conviction of a one-year sentence....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2000 WL 140371
...Butterworth, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. GROSS, J. Dewayne Fripp appeals his convictions of possession of cocaine and obstructing an officer without violence. See §§
893.13(6)(a),
843.02, Fla. Stat. (1997). We affirm, finding that appellant failed to preserve the issue raised by his motion to *253 suppress and that his conduct amounted to a violation of section
843.02....
...Carmody,
553 So.2d 1366 (Fla. 5th DCA 1989). At the time of the arrest, the officer had probable cause to believe that the defendant had violated section
322.03(1). Fripp also argues that the evidence at trial was "insufficient to prove obstruction" under section
843.02....
...ve her correct date of birth. The officer testified that no more than three minutes elapsed between the time he first approached her and the time he learned her correct name, but he arrested her for resisting an officer without violence, pursuant to section 843.02....
...falsehood until he was at the booking desk after he was arrested and transported to the police station. This case is controlled by In the Interest of J. H.,
559 So.2d 702 (Fla. 4th DCA 1990), where this court affirmed a defendant's conviction under section
843.02 for giving a false name after he had been pulled over for a traffic infraction; this court found it significant that the defendant "was already under arrest for the theft of the motor scooter before confessing to his true identity." Id....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 521
...Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee. SHARP, Judge. Woodson appeals from his conviction and adjudication of resisting an officer without violence, section 843.02, Florida Statutes (1983), and possession of marijuana....
...State,
422 So.2d 336 (Fla. 3rd DCA 1982). AFFIRMED. DAUKSCH and UPCHURCH, JJ., concur. NOTES [1] Woodson was charged with resisting arrest with violence, section
843.01, Florida Statutes (1983), and was convicted of resisting arrest without violence, section
843.02, Florida Statutes (1983). Defense counsel requested the instruction on section
843.02.
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1996 WL 714012
...[3] Moreover, prosecuting the offenses as the felony of forgery, even if the same conduct is treated as a misdemeanor by a separate statute, is permissible. See State v. Cogswell,
521 So.2d 1081 (Fla.1988). [4] AFFIRMED. PETERSON, C.J., and GRIFFIN and ANTOON, JJ., concur. NOTES [1] §
831.01, Fla. Stat. (1993). [2] §
843.02, Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 2087
...in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. [2] §
843.02, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1995 WL 621753
...ng in its appellate capacity; this order reversed for a new trial two misdemeanor convictions which were entered against the respondent Ruth H. Osvath in the Monroe County Court upon an adverse jury verdict for (1) resisting arrest without violence [§ 843.02, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...BOARDMAN, Acting Chief Judge. Appellant, a minor, was stopped by a police officer and cited for not wearing a protective face shield on his helmet while driving a motorcycle. He was also charged with resisting an officer without violence in violation of Section 843.02, Florida Statutes....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...That request was denied, and the trial court gave Florida Standard Jury Instruction 3.04(d). Pittman, Mond, and E.L. Russell were convicted for violating Section
843.01, Florida Statutes (1981). E.C. Russell, J.A. Russell, and Schmidt were convicted for violating Section
843.02, Florida Statutes (1981). Both Mond and Llewellyn were acquitted on the grand theft charges. (Llewellyn was also convicted for violating Section
843.02....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 126576
...90-4 with the burglary of a restaurant (Count One) in Destin, Florida, on December 27, 1989, in violation of section
810.02(1) and (3), Florida Statutes (1989), and with resisting or obstructing without violence an investigating officer (Count Two), on the same day, in violation of section
843.02, Florida Statutes (1989)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2001 WL 121971
...Appellant argues that because Officer Hartman was the arresting officer, the giving of false information obstructed only him. He also argues that because Officer Hartman communicated the correct information to Officer Ragin, the false information did not obstruct Officer Ragin. Section 843.02 does not require that the attempted obstruction succeed....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1991 WL 259449
...pending or is about to be instituted, shall alter, destroy, conceal, or remove any thing with the purpose to impair its availability in such proceeding or investigation. Jones was also charged with resisting an officer without violence, contrary to section 843.02....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...o conduct their investigation *107 outside and to take the minor out with them. That behavior was not sufficient to sustain a charge of resisting or obstructing an officer in the lawful execution of his legal duty under either F.S. §
843.01 or F.S. §
843.02, F.S.A.: Therefore the arrest was invalid....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 817178
...*137 The trial court granted summary judgment on the ground that the affidavit contained probable cause to support the finding of a crime, namely obstruction of justice, finding that obstruction could be established by Mr. Beizer's failure to tell Officer Judge of Trooper Brinker's earlier investigation. Pursuant to section 843.02, Florida Statutes (1995), "[w]hoever shall resist, obstruct, or oppose any officer ......
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3422189
...Crist, Jr., Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee. LaROSE, Judge. J.R.P. appeals his delinquency adjudication and sentence of probation for obstructing a law enforcement officer. See § 843.02, Fla....
...The officer detained J.R.P. solely on the unfounded suspicion that he had robbed the convenience store. On the record before us, J.R.P.'s conduct did not constitute the crime of resisting an officer. Reversed. WHATLEY and CASANUEVA, JJ., Concur. NOTES [1] 843.02....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2573
...Immediately thereafter, and while still at the scene of the initial stop, the appellant admitted his falsehood and gave the officer his true legal name. The officer then arrested appellant for opposing a law enforcement officer without violence, in violation of § 843.02, Fla....
...terfere with the officer's performance of his duties other than by causing a relatively insignificant loss of time. The amended order of disposition finding that appellant committed the offense of opposing a law enforcement officer without violence (§ 843.02, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3302644
...of carrying a concealed firearm, §
790.01(2), Fla. Stat. (2002); cf. Davis v. State,
761 So.2d 1154 (Fla. 2d DCA 2000), and, as a matter of law, the offense of resisting an officer without violence was legally adequate for the jury's consideration. §
843.02, Fla....
...concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. §
790.01 (2), Fla. Stat. (2002). [3] The resisting an officer without violence statute provides:
843.02 Resisting officer without violence to his or her person.Whoever shall resist, obstruct, or oppose any officer as defined in s....
...in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. §
843.02, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 WL 566107
...[1] Behm was arrested for resisting arrest with violence. Later an information was filed charging him with resisting Deputy Campbell "in the lawful execution of a legal duty." Behm entered a plea of no contest to the lesser included offense of resisting arrest without violence, in violation of section 843.02, [2] and adjudication of guilt was withheld....
...AFFIRMED. TORPY and LAWSON, JJ., concur. NOTES [1] According to Behm, he told the deputies they were trespassing and asked them to leave. They refused to do so. When Behm turned to go to his house, they grabbed him, struck him and pepper sprayed him. [2] 843.02....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1992 WL 143647
...Thus, we affirm condition 11 with regard to illegal drugs but strike it with regard to alcohol. Reversed and remanded for a new trial; conditions of probation affirmed in part and stricken in part. RYDER, A.C.J., and BLUE, J., concur. NOTES [1] These crimes were in violation of section
843.02, Florida Statutes (1989); section
893.13(1)(a)2, Florida Statutes (Supp....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2004 WL 1359434
...ne or a category two lesser offense. The State points out that Applewhite has cited no case where an instruction on resisting without violence has been given as a lesser included offense of escape. Resisting an officer without violence is defined in Section 843.02, Florida Statutes (2001), as: Whoever shall resist, obstruct, or oppose any officer ......
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 213
...e obstruction charge. The trial court adjudged Caines guilty of each charge and sentenced him to the time he had served in the county jail. This appeal ensued. The gravamen of the state's information on the obstruction count was that Caines violated section 843.02, Florida Statutes (1985), by knowingly obstructing a law enforcement officer who was investigating a crime without offering or doing violence to the person of the officer, to-wit: "by giving a false name and address... ." Defendant filed a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) alleging that the giving of a false name and address to a police officer does not constitute a violation of section 843.02....
...lving this case. (8) On March 7, 1985, the State Attorney's Office amended the information filed originally in this cause to reflect the true name of the Defendant and add the additional charge of Obstructing or Opposing an Officer Without Violence. Section 843.02, Florida Statutes (1985), provides: "Whoever shall obstruct or oppose any such officer ......
...State,
440 So.2d 601 (Fla. 3d DCA 1983), as authority *730 for reversal. In Z.P., the court stated that a juvenile's act of giving a false name to an arresting officer, after the arrest, could not support a charge of resisting arrest without violence under section
843.02. The court, in dicta, questioned whether such an act would constitute a crime under the statute. We find Z.P. inapposite. While section
843.02, entitled "Resisting officer without violence to his person", proscribes resisting arrest without violence, it has a much broader sweep....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1999 WL 30539
...right to be on the premises pursuant to invitation by a tenant does so at his own risk"). Because the order to leave and therefore the arrest for failure to obey that order were each unlawful, the juvenile had every right to resist without violence. § 843.02, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 1161920
...AFFIRMED in part; Sentence for Armed Robbery with a Firearm VACATED; REMANDED for resentencing. COBB and GRIFFIN, JJ., concur. NOTES [1] Appeal number 99-3209. [2] Appeal number 99-3135. [3] Newmones also pled guilty to a resisting arrest charge pursuant to section 843.02, at the beginning of his trial.
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1998 WL 472594
...[1] However, a person who knowingly shelters or aids an unmarried minor without the consent of the minor's parent or guardian can only be convicted of a misdemeanor of the first degree. Id. Similarly, a person who resists arrest without violence may also only be convicted of a misdemeanor of the first degree. § 843.02, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2941158
...Bill McCollum, Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee. FULMER, Judge. C.H.C. challenges his delinquency adjudication for obstructing or opposing an officer without violence, a violation of section 843.02, Florida Statutes (2006)....
...The deputy chased C.H.C., but lost visual contact. Deputy Cole placed a radio alert. Other deputies then found C.H.C. and detained him. The crime of obstructing or opposing an officer without violence requires a showing that the officer was engaged in the lawful execution of any legal duty. § 843.02; Davis v....
...ion. See J.P. v. State,
855 So.2d 1262, 1263 (Fla. 4th DCA 2003). Finally, C.H.C.'s flight from the scene cannot alone support the charge. Although flight in knowing defiance of a law enforcement officer's order to stop can constitute a violation of section
843.02, the officer must be justified in ordering the detention based on founded suspicion that the defendant was engaged in criminal activity, see D.M....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1999 WL 186871
...aced her in custody for resisting arrest without violence. A search incident to arrest revealed drugs and paraphernalia. The State contends that the false answers Fournier gave during the encounter gave the police probable cause to arrest her. Under section
843.02, Florida Statutes (1995), a conviction for resisting arrest without violence requires that "(1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty." S.G.K. v. State,
657 So.2d 1246, 1247 (Fla. 1st DCA 1995). "[T]he use of mere words can be a violation of section
843.02 when a suspect provides false information to a police officer during a valid arrest or Terry stop." D.G....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1993 WL 107980
...Defendant was acquitted of the battery charges. The trial court dismissed the obstruction charge on the theory that it was subsumed in the other charges. The State did not charge defendant with obstructing the Florida City officers. [2] §
90.608(2), Fla. Stat. [3] See §
843.02, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1991 WL 253067
...e indistinguishable from this court's decisions in Dion v. State,
564 So.2d 618 (Fla. 4th DCA 1990), and Wimbley v. State,
567 So.2d 560 (Fla. 1990). In both Dion and Wimbley, the defendants were convicted of resisting arrest without violence. Under section
843.02, Florida Statutes (1989), the state must prove that the person charged resisted, obstructed, or opposed any law enforcement officer, parole officer, or "other person legally authorized to execute process in the execution of legal proce...
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2013 WL 6081894, 2013 Fla. App. LEXIS 18423
...673 ,
145 L.Ed.2d 570 (2000). Applying Wardlow , the Florida Supreme Court has held that a suspect’s continued flight, within a high crime area, in defiance of a police officer’s verbal order to stop, constitutes the offense of resisting without violence under section
843.02, Florida Statutes....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2008 WL 4862815
...he legal sufficiency of the state's evidence. See A.A.R. v. State,
926 So.2d 463, 465 (Fla. 4th DCA 2006); G.G. v. State,
903 So.2d 1031, 1032-33 (Fla. 4th DCA 2005). Appellant was charged with obstructing an officer without violence in violation of section
843.02, Florida Statutes (2007). Section
843.02 states in pertinent part that: Whoever shall resist, obstruct, or oppose any officer as defined in s....
...state failed to prove that appellant, by his words alone, committed an action that "constituted obstruction or resistance of that lawful duty." "With limited exceptions, physical conduct must accompany offensive words to support a conviction under [section 843.02]." Francis v....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2120798
...Facts In lower tribunal case number 02-27820, Lanier was charged with four counts of aggravated assault on a law enforcement officer, in violation of section
784.021, Florida Statutes (2002), and with resisting an officer without violence, in violation of section
843.02, Florida Statutes (2002)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 93822
...on November 6, 1992. By information filed on December 17, 1992, she was charged with unauthorized possession of a fictitious driver's license "in violation of Section
322.212, Florida Statutes," and resisting arrest without violence "in violation of Section
843.02, Florida Statutes." On January 14, 1993, the State filed a motion for a mental examination to determine Ms....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1997 WL 133871
...and adopt the holding of cases such as Rumph v. State,
544 So.2d 1150, 1152 (Fla. 5th DCA 1989), and Caines v. State,
500 So.2d 728 (Fla. 2d DCA 1987), that hold that the giving of a false name subsequent to arrest can support a charge of resisting arrest without violence under section
843.02, Florida Statutes....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1988 WL 20577
...again arrested. At the time of the incident and of the second arrest, appellant was 17 years of age. A direct information was filed on June 24, 1986 charging appellant with battery of a law enforcement officer, resisting an officer without violence (section
843.02, Florida Statutes), resisting an officer with violence (section
843.01, Florida Statutes), and escape....
...Although the Hartley and Leland cases hold that the giving of a false name and birthdate do not constitute an obstruction of justice by "disguise" under section
843.03, Florida Statutes (1977), the initial arrest in the instant case was based on opposing an officer by the giving of false information pursuant to section
843.02, Florida Statutes. Section
843.02 reads, in pertinent part: Whoever shall obstruct or oppose any such officer ....
...or legally authorized person in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor in the first degree... . Unlike an arrest under section
843.03, an arrest under section
843.02 may be based on the giving of false information....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2008 WL 142087
...The charges were aggravated assault on a law enforcement officer with a deadly weapon, a second-degree felony, sections
775.0823,
784.021, and
784.07, Florida Statutes (2004); resisting law enforcement officers without violence, a first-degree misdemeanor, section
843.02, Florida Statutes (2004); and fleeing or attempting to elude a law enforcement *1199 officer in a marked patrol vehicle with siren and lights activated, a third-degree felony, section
316.1935, Florida Statutes (2004)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1446, 2010 WL 476643
...In doing so, we view the evidence in the light most favorable to the State. See id. The elements of resisting an officer are as follows: (1) the officer must be engaged in the lawful execution of a legal duty and (2) the defendant's actions constitute obstruction or resistance of that lawful duty. See § 843.02, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1999 WL 375563
...HE PRISON RELEASE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION
775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION? COBB and HARRIS, JJ., concur. NOTES [1] §
812.13(2)(a), Fla. Stat. (1997) [2] §
843.02, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2014 WL 1373814, 2014 Fla. App. LEXIS 5154
...The officer yelled “stop, police” and chased the juveniles in his vehicle. Eventually, the two juveniles split up, and the officer followed R.R. until he was able to apprehend R.R. R.R. was charged with resisting an officer without violence, pursuant to section 843.02, Florida Statutes (2011)....
...More important to our decision is the supreme court’s resolution of a conflict between the Second District’s en banc decision in C.E.L. v. State,
995 So.2d 558 (Fla. 2d DCA 2008), and the decision of the Third District in D.T.B. v. State,
892 So.2d 522 (Fla. 3d DCA 2004), on the issue. of whether section
843.02 requires a reasonable suspicion of criminal activity to exist before an individual flees, when officers first approach a suspect. The supreme court agreed with the Second District that “section
843.02 provides no basis for the interpretation that reasonable suspicion must arise before the flight begins.” C.E.L.,
24 So.3d at 1188....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2003 WL 1936123
...AFFIRMED in part, REVERSED in part, REMANDED. THOMPSON, C.J., and PETERSON, J., concur. NOTES [1] See U.S. Const. amend. V; art. 1 § 9, Fla. Const. [2] See §§
784.021(1)(a),
784.07(2)(c),
775.0823(10),
784.045,
784.07,
775.0823,
843.01,
316.1935(4),
316.061,
316.027,
843.02, Fla. Stat. (1999). [3] Section
843.02 of the Florida Statutes (1999) defines the crime of resisting an officer without violence, in pertinent, as follows:
843.02....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 980, 1986 Fla. App. LEXIS 7464
...Brandon,
426 So.2d 44 (Fla. 2d DCA 1982); In re 36' Uniflite, the "Pioneer I",
398 So.2d 457 (Fla. 5th DCA 1981). We need not address whether the use of a fraudulently obtained title certificate or driver's license to evade arrest could be a violation of section
843.02, Florida Statutes (1983), which proscribes resisting an officer without violence in the lawful execution of his duty. Even if there was a showing that Jewell employed the Camaro as an instrumentality in the use of the title certificate or license in that manner, a violation of section
843.02 is a misdemeanor and therefore could not cause the Camaro to be contraband under section
932.701(2)(e). Indeed, the point that conduct of the type involved here concerning the title certificate would appear to be more closely related to section
843.02 than to section
319.33(4) may further indicate that that conduct was not meant by the legislature to be encompassed within section
319.33(4)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1997 WL 168599
...After the DUI investigation was completed, the appellee was also charged with driving while under the influence. The appellee was charged with possession of cannabis in violation of section
893.13(6)(a), Florida Statutes (1993), and with obstructing an officer without violence in violation of section
843.02, Florida Statutes (1993)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 2358, 1990 WL 41571
...The officer, incident to issuing a citation, ran a check on the license tag and learned that the scooter had been reported stolen. The officer then placed the defendant under arrest and read him the Miranda warnings. It was not until after this that the appellant, voluntarily, gave his correct name. Section 843.02, Florida Statutes (1989), provides, in part: 843.02 Resisting officer without violence to his person....
...He was immediately placed under arrest because the officer considered that the false information impaired the investigation. However, unlike C.T., the defendant had not recanted. Rather, the defendant, immediately after his arrest for resisting without violence, ran off. In Barkley, the court recognized that an arrest under section 843.02 may be based on the giving of such false information and held that it was valid....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2781134
...On appeal from his delinquency adjudication for obstructing an officer without violence, E.A.B. contends that the charge was not proved. We agree and reverse. The State filed a petition alleging that E.A.B. was delinquent for obstructing an officer without violence, contrary to section 843.02, Florida Statutes (2005)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 WL 2972476
...When a police officer arrived, one juvenile stated that he lived in the complex; the officer escorted him home. The officer returned and repeatedly asked S.N.J. and S.F. for their names and addresses, intending only to issue a trespass warning. In rather vulgar terms, S.N.J. and S.F. refused. The officer arrested them. Section 843.02, Florida Statutes (2007), states in relevant part: Whoever shall resist, obstruct, or oppose any officer ......
...An individual may refuse to identify herself to a police officer when she has not been lawfully detained. See A.F. v. State,
912 So.2d 374, 376 (Fla. 2d DCA 2005); Fournier v. State,
731 So.2d 75, 76-77 (Fla. 2d DCA 1999); Burkes v. State,
719 So.2d 29, 30 (Fla. 2d DCA 1998). Further, to support a conviction under section
843.02, "with limited exceptions, physical conduct must accompany offensive words." Francis v....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...State, supra , this court reversed an adjudication of delinquency for failure to give the juvenile an opportunity to explain his presence or conduct after flight. The conduct complained *602 of to support the charge of resisting arrest without violence in violation of Section 843.02 Florida Statutes (1981) was that the juvenile gave the arresting officer a false name. This act occurred subsequent to the arrest and therefore could not constitute resisting arrest without violence in violation of Section 843.02 Florida Statutes (1981). Furthermore, we question whether such an act would constitute a crime under Section 843.02 Florida Statutes (1981)....
CopyCited 4 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 9674
...Plaintiffs' assertion of a RICO claim against Defendants based upon obstruction of justice under chapter 843 of the Florida Statutes also fails. None of the allegations in the Second Amended Complaint even remotely establish a claim for obstruction of justice. §
843.01, Fla. Stat. (resisting officer with violence); §
843.02, Fla. Stat. (resisting officer without violence); §
843.021, Fla. Stat. (unlawful possession of a concealed handcuff key); §
843.025, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2001 WL 527440
...checkpoint is under a legal obligation to respond to an officer's requests for certain information and documents, and the driver's refusal to respond to these requests may constitute the misdemeanor offense of obstructing or opposing an officer. See § 843.02, Fla....
...State,
719 So.2d 29 (Fla. 2d DCA 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 procedures, rather than checkpoint guidelines, would govern the officer's handling of the situation....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2014 WL 1882198, 2014 Fla. App. LEXIS 7051
...acquittal. Id. In reviewing a trial court’s denial, an appellate court must consider the evidence and all reasonable inferences from the evidence in a light most favorable to the State. Lukaszewski v. State,
111 So.3d 212, 213 (Fla. 1st DCA 2013). Section
843.02, Florida Statutes (2011), provides in part that “[wjhoever shall resist, obstruct, or oppose any officer ......
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 WL 27507
...Mimms , both officers had the authority to order Mahoy to exit his vehicle. Upon his refusal to comply, the officers could physically remove him. Given his active resistance, the officers had probable cause to charge Mahoy with resisting an officer without violence, a violation of section 843.02, [5] and D.U.I....
...(1989). [4] Section
901.18 provides that a police officer making a lawful arrest may command the aid of persons he deems necessary to make the arrest and that a person so commanded shall have the same authority to arrest as that police officer. [5] Section
843.02 provides that whoever shall resist, obstruct, or oppose any police officer in the lawful execution of any legal duty without doing violence to the person of the officer is guilty of a misdemeanor in the first degree....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 129272
...St. Jean,
658 So.2d 1056 (Fla. 5th DCA 1995)(flight upon discovery of contraband may be used to show guilty knowledge). The jury was instructed, over objection, in accordance with the standard instructions on resisting an officer without violence, section
843.02, Florida Statutes [1] : Before you can find the defendant guilty of resisting an officer without violence, the State must prove the following three elements beyond a reasonable doubt: One, Nathaniel Bratcher opposed Deputy Joe Guerra;...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1790751
...[9] NOTES [1] §
893.13(1)(e)(1), Fla. Stat. (2004) (providing that this crime is a first-degree felony). [2] §
951.22, Fla. Stat. (2004) (providing that this crime is a third-degree felony). [3] §
893.13(6)(a) (providing that this crime is a third-degree felony). [4] §
843.02 Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1996 WL 388376
...ing lot. The officers were responding to a disturbance call and encountered difficulty quelling the situation. The record supports the trial court's conclusion that L.K.B. and A.B. were guilty of resisting an officer without violence in violation of section 843.02, Florida Statutes (1995)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 25
...We grant the state’s motion for rehearing, 1 withdraw our previous opinion and substitute the following in its place. N.H., a minor, appeals an adjudicatory order in which the trial court withheld an adjudication of delinquency and gave a judicial warning for violating § 843.02, Fla....
...cers and menacingly raised his fists at them. Recognizing a potential threat, two of the officers grabbed him, and were pulled to the ground by N.H. in an ensuing struggle. N.H. was charged with resisting an officer without violence, in violation of § 843.02, Fla....
...When the officers started to approach the individual, he darted across moving traffic to avoid them. The officers’ decision to stop and question N.H. was entirely reasonable under the circumstances. B) Resisting the Officer N.H. was charged with resisting an officer, in violation of § 843.02, Fla. Stat. Section 843.02 reads in pertinent part: “Whoever shall resist, obstruct, or oppose any officer ......
...It is intended to apply to any situation where a person willfully interferes with the lawful activities of the police. Nothing indicates that it applies only when police are arresting a suspect, nor does the case law support such a narrow construction of the statute. See Jacobson v. State,
476 So.2d 1282, 1287 (Fla.1985)(“section
843.02 ......
...3d DCA 1976) (charge of resisting officer with violence, section
843.01, proper when officer has legal right to detain suspect for questioning). See also Simeon v. State,
778 So.2d 455 (Fla. 4th DCA 2001) (providing false information to non-arresting officer sufficient to support a violation of §
843.02); K.A.C. v. State,
707 So.2d 1175 (Fla. 3d DCA 1998) (failure of juvenile who was the subject of a lawful investigatory stop for possible truancy 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 under §
843.02). Although not dispositive, we also note that the title of §
843.02 is “resisting [an] officer,” not “resisting arrest.” There are two elements to resisting an officer....
...be denied). The facts in this ease are stronger than those in K.A.C., where this court held that the failure of a juvenile to provide information to police officers that he was legally obligated to provide was sufficient to constitute a violation of § 843.02....
...The fact that the police did not have probable cause to arrest N.H. at the time he was initially stopped is of no consequence under the circumstances because the police were engaged in “the lawful exercise of [a] legal duty” when N.H. resisted. § 843.02, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2001 WL 54118
...e her forcibly. In the process of her removal, Billips punched one of the officers, elbowed another and otherwise physically resisted the officers. Billips argues on appeal that these facts do not establish the charge of obstruction of justice under section 843.02, Florida Statutes (1999) because the officers were not engaged in the lawful execution of a legal duty when they asked her to exit the vehicle....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 212
...hey had been placed on probation. Nothing in those opinions indicates that the defendants *1271 were being sentenced for additional crimes at the same time. AFFIRMED. COBB, C.J., and COWART, J., concur. NOTES [1] §
827.03(3), Fla. Stat. (1983). [2] §
843.02, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1992 WL 25812
...estified that he first observed the appellant standing near the taxi and yelled, "Police!" Appellant looked directly at the officer and ran and jumped over a fence. Appellant was arrested several minutes later. In order to sustain a conviction under section 843.02, Florida Statutes (1989), the state must prove that (1) the officer was engaged in the lawful execution of a legal duty, and (2) the action by the defendant constituted obstruction or resistance of the lawful duty....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3780630
...r that fight. As the officer tried to approach the boys, the two boys turned away and left. The officer contacted other nearby officers, who ultimately detained D.A.W. and arrested him for obstructing an officer without violence in violation *626 of section 843.02, Florida Statutes (2004)....
...e" but "non-violent protest," without any other "cognizable wrongdoing," did not justify the police order). This distinction between verbal harassment and obstructive conduct is not only consistent with the definition of this offense as set forth in section 843.02, but it is also necessary to ensure that the offense as defined does not infringe upon rights of free speech under the First Amendment....
...assistance in an ongoing emergency, then "that person's" actions must normally be physically obstructive, not merely verbally harassing, in order to support a conviction for obstructing an officer without violence. In D.G., we merely explained that section 843.02 applies to situations where a person resists, obstructs, or opposes an officer or any other person who is engaged in the "lawful execution of any legal duty." [2] An arrest *627 situation, particularly one involving the person alleged...
...We therefore reverse the order withholding adjudication of delinquency and remand with instructions to discharge D.A.W. Reversed and remanded. KELLY, J., and DANAHY, PAUL W., Senior Judge, Concur. NOTES [1] Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). [2] Both sections
843.01 and
843.02, Florida Statutes (2004), in light of the punctuation used in the statutes, could be read to apply broadly to officers, whether or not engaged in the execution of a legal duty, and separately to any "other person" "in the lawful execution of a...
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 1127621
...aband. In my view, these circumstances provided a valid basis for the trial judge to conclude that the officer had grounds to arrest McNeil and seize (or try to seize) the contraband. I would affirm. NOTES [1] §
893.13(6)(a), Fla. Stat. (1997). [2] §
843.02, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 WL 2380469
...Harris fares much better with his second issuewhether the trial court erred in refusing to instruct the jury that in order to commit the crime of resisting an officer without violence, he must have known the individuals he resisted were officers. A reading of section 843.02, Florida Statutes, which makes such conduct criminal, reveals the obvious: it does not explicitly require knowledge on the part of the defendant that that the individual is an officer....
...riminals who were impersonating police officers to facilitate crimes.'") (quoting W.E.P., Jr. v. State,
790 So.2d 1166, 1172 (Fla. 4th DCA 2001)). This rationale was explained by the court in Cooper v. State,
742 So.2d 855 (Fla. 1st DCA 1999): While section
843.02 does not include the knowledge element, this court has held that an essential element of the crime of resisting an officer without violence is "knowledge [on the part of the defendant] that the officer intended to detain him or her." See Calliar v....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11697, 2010 WL 3120026
...a motive for Appellant to flee, elude and resist law enforcement, and discard a bag of cannabis. The State was entitled, and required by statute, to prove that law enforcement was engaged in its lawful duty when Appellant fled and eluded police. See § 843.02, Fla....
...1st DCA 1999), to prove the crime of resisting an officer with violence, the State must prove that the officer was engaged in the lawful execution of a legal duty under section
843.01, Florida Statutes. This same requirement applies to the crime of resisting arrest without violence under section
843.02, Florida Statutes: "Whoever shall resist ......
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2010 WL 1460231
...Evidence *970 is sufficient to sustain a conviction if a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt after viewing the evidence in a light most favorable to the State. Horne v. State,
997 So.2d 1262, 1264 (Fla. 4th DCA 2009). The applicable statute, section
843.02, Florida Statutes (2008), provides as follows: Whoever shall resist, obstruct, or oppose any officer ....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2005 WL 840382
...To be guilty of resisting an officer without violence, (1) the officer must be engaged in the lawful execution of a legal duty; and (2) the defendant's action must constitute obstruction or resistance of that lawful duty. Mosley v. State, 739 *
482 So.2d 672, 675 (Fla. 4th DCA 1999). Section
843.02, Florida Statutes (2003) is intended to apply to any situation where a person willfully interferes with the lawful activities of the police. N.H. v. State,
890 So.2d 514 (Fla. 3d DCA 2005) (officer's reasonable suspicion to stop and question a juvenile running from location where scream was heard was lawful activity under Section
843.02)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4057920
...ice had a founded suspicion the defendant was engaging in illegal activity at the time the police vehicle activated its *392 emergency lights, and by fleeing, the defendant committed the crime of resisting an officer without violence, a violation of section 843.02, Florida Statutes (2007), [1] giving police probable cause to arrest the defendant....
...Although the police decided to conduct a dog sniff before seizing the drugs, the dog sniff was legally irrelevant to both the arrest of the defendant and the seizure of the drugs. The defendant was subject to arrest at the moment he began to flee. See § 843.02; Valdes v....
...oppose any officer as defined in s.
943.10(1), (2), (3), (6), (7), (8), or (9) ... in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree...." §
843.02....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1995 WL 544153
...It was error for the trial court to deny the defendant's motion for judgment of acquittal as to the charge of attempted armed burglary. The defendant's conviction should be reduced to attempted burglary, and the cause remanded for resentencing. NOTES [1] §
810.02(2)(b), Fla. Stat. (1993). [2] §
843.02, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 729242
...), Florida Statutes (1997). It was only after appellee refused to stop and ran from the officers that he was apprehended and searched. Under these circumstances, appellee obstructed the officers in the performance of their legal duty in violation of section 843.02, Florida Statutes (1997)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 WL 3984681
...The petition for delinquency alleged that on October 30, 2008, L.O. resisted, obstructed, or opposed Matthew Morris of the St. Lucie County Sheriff's Office in the lawful execution of his legal duty, without offering or doing violence to him pursuant to section 843.02, Florida Statutes (2008)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1991 WL 203123
...Gen., Tallahassee, and Roberta G. Mandel, Asst. Atty. Gen., Miami, for appellee. *944 LEHAN, Acting Chief Judge. Defendant was convicted of aggravated battery in violation of section
784.045, Florida Statutes (1989), and of resisting an officer without violence in violation of section
843.02. We do not agree with his contentions regarding his conviction under section
843.02 and affirm his conviction for that crime without further comment....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1996 WL 283697
...Accordingly, we reverse the trial court's order granting the motion to suppress. REVERSED and REMANDED. PETERSON, C.J., and COBB, J., concur. NOTES [1] During the entry of his plea, Turner stated his real name is Robert Lamar Evins. [2] §
893.13(6)(a), Fla.Stat. (1993). [3] §
843.02, Fla.Stat....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1996 WL 280567
...Butterworth, Attorney General, Tallahassee and Ann P. Corcoran, Assistant Attorney General, Tampa, for Appellee. RYDER, Judge. M.M. challenges the trial court's order finding her guilty and withholding adjudication for resisting an officer without violence in violation of section 843.02, Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1997 WL 280104
...this offense. The state filed a delinquency petition charging L.F. with one count of criminal mischief, in violation of section
806.13(1)(b)3, Florida Statutes (1993), one count of obstructing or opposing an officer without violence, in violation of section
843.02, Florida Statutes (1993), and one count of grand theft of a motor vehicle, in violation of section
812.014(2)(c)4, Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2007 WL 1514435
...fficers. We conclude that under the facts of this case, the trial court did not abuse its discretion in denying Thomas' request for self-representation. AFFIRMED. PLEUS, C.J. and ORFINGER, J., concur. NOTES [1] §
316.1935(1), Fla. Stat. (2005). [2] §
843.02, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...On February 1, 1996, the State filed a petition charging I.Y.D. with committing two delinquent acts on January 20, 1996: felony petit theft, in violation of section
812.014, Florida Statutes (1995), and resisting arrest without violence, in violation of section
843.02, Florida Statutes (1995)....
...e probable cause to make a warrantless arrest. See State v. Evans,
692 So.2d 216, 218 (Fla. 4th DCA 1997). Resisting arrest without violence requires that the officer be in the lawful execution of his duties at the time of the alleged resisting. See §
843.02, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 625900
...5th DCA 2004) (recognizing that for purposes of section 921.0016(4)(j), a crime may not be considered an isolated incident where the defendant has previously been convicted of other felonies and misdemeanors). SENTENCE VACATED; REMANDED. GRIFFIN and MONACO, JJ., concur. NOTES [1] §
810.02(3), Fla. Stat. (2003). [2] §
843.02.
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 2678
person is guilty of a first degree misdemeanor. §
843.02, Fla. Stat. (1995). In this case, K.A.C. resisted
CopyCited 3 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 51639, 2012 WL 899694
...le cause. Consequently, Mr. Gomez’s argument is unpersuasive. Second, Officers Blanco and Lozano also had probable cause to arrest Mr. Gomez. Florida law makes it a misdemeanor to resist an officer’s arrest, even without violence. See Fla. Stat. § 843.02 ....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2000 WL 731362
...commit a felony (§
787.01(1)(a)2.); burglary of a conveyance with an assault or battery (§
810.02(1), (2)(a), battery on a law enforcement officer (§
784.07(2)(b); resisting an officer with violence (§
843.01); resisting arrest without violence (§
843.02); and aggravated battery with a deadly weapon on a law enforcement officer (§
784.07(2)(d))....
...The court directed a verdict of acquittal on the kidnaping charge and the jury found Bright guilty of attempted carjacking and guilty as charged on the other counts. [2] Burglary of a conveyance with an assault or battery. §
810.02(1), (2)(a), Fla. Stat. [3] Resisting an officer with violence (§
843.02, Fla.Stat.), and resisting arrest without violence....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 869395
...We are inclined to believe that the State could have charged Mr. Muniz with assault on the child, see §
784.011, Fla. Stat. (1997); child abuse, see §
827.03(1)(b), Fla. Stat. (1997); contributing to the dependency of a minor, see §
827.04(1)(a), Fla. Stat. (1997); or resisting an officer, see §
843.02, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1827235
...continued to approach him with clenched fists. [1] Later, J.M. crossed the street and was detained by Officer Williams. J.M. was charged with disorderly conduct in violation of sections
877.03 and
777.011, Florida Statutes (2005), [2] and resisting an officer without violence in violation of section
843.02, Florida Statutes (2005)....
...easons. The trial court also found that J.M. knew he was supposed to leave the park. Based upon J.M.'s failure to leave the park as the officers had initially requested, the trial court found him guilty of resisting an officer without violence under section 843.02, Florida Statutes (2005). At a subsequent disposition hearing, the court withheld adjudication and issued a judicial warning. J.M.'s appeal followed. Section 843.02, Florida Statutes (2005), provides that "[w]hoever shall resist, obstruct or oppose any officer . . . in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree. . . ." § 843.02, Fla....
...y himself and allow officers to conduct an investigation); H.A.P. v. State,
834 So.2d 237, 239 (Fla. 3d DCA 2002)(holding that a juvenile resisted an officer without violence by refusing to leave an area where the SWAT team was conducting a search). Section
843.02 is intended to apply when a person willfully interferes with an officer's lawful activities. N.H.,
890 So.2d at 516. However, inaction can constitute interference under section
843.02....
...Clearly, J.M. remained in the park, as evidenced by him approaching Officer Williams to aid his brother. Therefore, J.M.'s presence in the park after the orders to leave was sufficient to support the trial court's order finding him delinquent for violating section 843.02....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...They all
entered the kitchen, where a physical altercation between Mr. Coffin and the
Deputies occurred. Additional deputies eventually arrived, and the Coffins were
arrested.7
7
Mrs. Coffin was charged with the misdemeanor of obstruction of justice without
violence under Fla. Stat. § 843.02....
...§
784.07(2)(b) and §
784.03(1); resisting an
officer with violence under Fla. Stat. §
843.01; two counts of use of a weapon on a law
enforcement officer under Fla. Stat. §
790.054; and depriving an officer of means of protection
or communication under Fla. Stat. §
843.025. Because the Deputies lacked a warrant for Mr.
Coffin’s arrest, these charges, with the exception of the §
843.025 charge, were dropped. On
March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six days’
confinement. Meanwhile, the §
843.02 charge against Mrs....
CopyCited 3 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 44921, 2007 WL 1775676
...the information the officer possessed") (citations and internal quotation marks omitted). In this instance, the uncontradicted facts prove that the officers had both arguable probable cause and probable cause to arrest Owaki for violating Fla. Stat. § 843.02; resisting officers without violence to his or her person....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 63402
...NOTES [1] It goes without saying that any defendant always has standing to contest the lawfulness of seizure of his person because of the liberty interest involved. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). [2] See Harper v. State,
532 So.2d 1091 (Fla.3d DCA 1988). [3] See §
843.02, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1806
...g their discretion. Since the statute merely requires an individual to assist if requested to do so, an officer may only arrest an individual who, having been asked to assist, fails to assist. This statute gives officers no more discretion than does section 843.02, Florida Statute (1985) (Resisting Arrest), which has been held constitutional....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 1606670
...hat count. We affirm the conviction and sentence in Count Two. The State charged Appellant with robbery with a "deadly weapon," contrary to section
812.13(2)(a), Florida Statutes (2001) (Count One); resisting an officer without violence, contrary to section
843.02, Florida Statutes (Count Two); and possession of a concealed weapon by a felon, contrary to section
790.23(1), Florida Statutes (Count Three)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2007 WL 172126
...J.L.S. was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section
810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section
843.02, Florida Statutes (2005)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1993 WL 10834
...§
784.07, Fla. Stat. (1991). The two officers then chased Mr. Freeney and eventually caught him. He had to be physically restrained because he continued to struggle on the ground. This conduct resulted in the misdemeanor charge of obstructing an officer. §
843.02, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 36624
...Because the deputy was justified in making the traffic stop, it was lawful for the deputy to order the defendant to stop. Because the defendant ran from the deputy, she had probable cause to arrest the defendant for resisting an officer without violence. See § 843.02, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 27 Fla. L. Weekly Fed. D 226
...At the plea hearing, Maples was questioned about his medications. He said they did not make him feel inebriated, but in fact helped him understand the proceedings. AFFIRMED. HARRIS and GRIFFIN, JJ., concur. NOTES [1] §§
810.02(1) and (2)(A);
784.03, Fla. Stat. [2] §
856.021, Fla. Stat. [3] §
843.02, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 223, 2011 WL 103036
...The crime of resisting an officer without violence is a misdemeanor and occurs when one “resist[s], obstructs], or oppose[s] any officer ... in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer.... ” § 843.02, Fla....
...and annoying.” Id. at 1027 . But in view of all the circumstances, we found that refusing to answer the deputies’ questions and encouraging his friend to stay mum did not “sufficiently impede[] the deputies so as to constitute a violation of [section 843.02].” Id....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 2704, 2015 WL 798162
...As pointed out in the State’s Response, the phrase “performance of ... official duties” in section
776.032 differs from the phrase “lawful execution of a legal duty,” in statutes defining resisting arrest and other obstruction crimes. See, e.g., §
843.02, Fla....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2010 WL 3220640
...They all
entered the kitchen, where a physical altercation between Mr. Coffin and the
Deputies occurred. Additional deputies eventually arrived, and the Coffins were
arrested.7
7
Mrs. Coffin was charged with the misdemeanor of obstruction of justice without
violence under Fla. Stat. § 843.02....
...§
784.07(2)(b) and §
784.03(1); resisting an
officer with violence under Fla. Stat. §
843.01; two counts of use of a weapon on a law
enforcement officer under Fla. Stat. §
790.054; and depriving an officer of means of protection or
communication under Fla. Stat. §
843.025. Because the Deputies lacked a warrant for Mr.
Coffin’s arrest, these charges, with the exception of the §
843.025 charge, were dropped. On
March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six days’
confinement. Meanwhile, the §
843.02 charge against Mrs....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...But Parker fell on top of Montanez, whom Joker then bit, apparently perceiving his handler to be under attack. Parker immediately commanded Joker to release his bite, and the dog complied. Parker arrested Montanez for resisting an officer without violence under Fla. Stat. § 843.02 ....
...Viewing the evidence in the light most favorable to Montanez, Parker had arguable probable cause to arrest Montanez for resisting an officer without violence. Under Florida law, a person violates the law if he “resist[s] ... any officer ... in the lawful execution of any legal duty.” Fla. Stat. § 843.02 ....
...We begin our analysis with the first Lee factor, the need for the application of force. Lee,
284 F.3d at 1198 . Here, Parker reasonably could have believed that Montanez was resisting, obstructing, or opposing an officer in violation of Fla. Stat. §
843.02 ....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2011 WL 6783486
...uct, neither the record nor the Petition for Delinquency show that C.W. was prosecuted for disorderly conduct. [4] The only charge for which Appellant was adjudicated delinquent was the charge of resisting an officer without violence in violation of section 843.02, Florida Statutes (2007)....
...'s post-adjudication records accordingly. Reversed and remanded. LAGOA, J., concurs. ROTHENBERG, J., (dissenting). C.W. was adjudicated delinquent after an adjudicatory hearing for the offense of resisting an officer without violence in violation of section 843.02, Florida Statutes (2010), based on his refusal to follow the police officers' lawful order to move out of the street and his subsequent resistance during his arrest....
...continued to disobey the officers' lawful commands, became belligerent and began yelling and cursing at the officers, causing a crowd to gather. When neither the officers nor C.W.'s cousin were able to calm C.W. down or get him to follow the officers' instructions, C.W. was arrested. Section 843.02, the resisting without violence statute, provides, in pertinent part, that "[w]hoever shall resist, obstruct, or oppose any officer ... in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree...." To support a conviction for violation of section 843.02 for obstruction without violence, the State must prove: "(1) the officer was engaged in the lawful execution of a legal duty; and (2) the defendant's action, by his words, conduct, or a combination thereof, constituted obstruction or resistance of that lawful duty." C.E.L....
...W. when he refused to obey their lawful command. C.W.'S REFUSAL TO OBEY LAW ENFORCEMENT'S LAWFUL COMMAND C.W.'s refusal to obey the lawful order to move out of the roadway clearly constituted "obstruction," thus also satisfying the second element of section
843.02. As this Court noted in N.H. v. State,
890 So.2d 514, 516 (Fla. 3d DCA 2005), "[section
843.02] is unambiguous....
...upport K.A.C.'s adjudication of delinquency for the offense of resisting an officer without violence. Even more on point is J.M. v. State,
960 So.2d 813, 815 (Fla. 3d DCA 2007), where this Court noted that "inaction can constitute interference under section
843.02." In J.M., the officers attempted to disperse a crowd which had formed in a park to watch a fight between two girls....
...3d DCA 2002) (holding that juvenile resisted an officer without violence by refusing to leave an area where the SWAT team was conducting a search); Simeon v. State,
778 So.2d 455, 455 (Fla. 4th DCA 2001) (providing false information to non-arresting officer sufficient to support a violation of section
843.02)....
...that duty when they exited their vehicles and repeatedly ordered C.W. to move out of the roadway. When C.W. refused to comply with the officers' lawful orders, the officers properly arrested him for resisting an officer without violence pursuant to section 843.02....
...[4] There was no charge of disorderly conduct cited or referenced in the March 19, 2010, Petition for Delinquency. Although the Petition for Delinquency does not show a charge for disorderly conduct, the docket and the post-adjudication documents still erroneously show the unprosecuted disorderly conduct charge. [5] Section 843.02 states in pertinent part that: Whoever shall resist, obstruct, or oppose any officer as defined in s....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2007 WL 4482190
...ation defense. The Fourth District explained that prior to the adoption of section
901.36(1) in 1999, a person *944 who gave a false name to a police officer was charged with either obstructing justice or resisting an officer without violence, under section
843.02, Florida Statutes, and that cases interpreting section
843.02 have "recognized a recantation defense where the defendant acted with sufficient promptness in correcting the false name." A.A.R.,
926 So.2d at 465....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1994 WL 397548
...We reject the defendant's contention that he was entitled to a judgment of acquittal because his arrest was unlawful. In order to be convicted of resisting arrest without violence, the state agrees it must prove that the officer was "in the lawful execution of any legal duty." § 843.02, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2017 WL 3270866, 2017 Fla. App. LEXIS 10934
...aged in the-lawful execution of a legal duty; and (2) the defendant’s action, by his words, conduct, or a combination thereof, constituted obstruction or resistance of that lawful duty.” C.E.L. v. State,
24 So.3d 1181, 1185-86 (Fla. 2009); see - §
843.02, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1991 WL 154814
...In the interest of justice, Jones should be afforded this opportunity. Accordingly, we reverse all three convictions and remand for new trial. REVERSED and REMANDED. PETERSON, J., concurs. COWART, J., dissents without opinion. NOTES [1] §
944.40, Fla. Stat. (1987). [2] §
843.02, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 WL 174370
...Accordingly, we hold that the motion for judgment of acquittal was properly denied. We affirm the Count I sentence of 79.3 months in prison, to be followed by 5 years on probation. Count II charged Appellant with resisting arrest without violence. § 843.02, Fla.Stat....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 13593
CANADY, Judge. In this case, we address a claim that the evidence was insufficient to support an adjudication for the offense of resisting, obstructing, or opposing a law enforcement officer without violence under section 843.02, Florida Statutes (2007). Specifically, we consider whether a person who knowingly fails to heed a police order to stop is guilty of an offense under section 843.02 when the order to stop is justified by Illinois v....
...119 ,
120 S.Ct. 673 ,
145 L.Ed.2d 570 (2000). Pursuant to Florida Rule of Appellate Procedure 9.331(a) and (c), the court on its own motion has ordered en banc consideration of this case. For the reasons we explain, we conclude that a violation of section
843.02 was committed in the circumstances at issue here....
...Analysis In considering C.E.L.’s argument, we (a) acknowledge that it presents an issue of fundamental error, (b) summarize the rules governing our review of orders on motions for judgment of dismissal, (c) discuss the elements of an offense under section 843.02, and (d) examine the relationship between police action justified under Wardlow and violations of section 843.02....
...the elements of the crime proven beyond a reasonable doubt, then the evidence is sufficient to sustain the adjudication of delinquency.” I.M. v. State,
917 So.2d 927, 929 (Fla. 1st DCA 2005). C.The Elements of an Offense Under Section 8⅛3.0& Section
843.02 provides that “[w]hoever shall resist, obstruct, or oppose any officer ......
...ty. For example, in D.M. v. State,
681 So.2d 797 (Fla. 2d DCA 1996), we addressed circumstances where the defendant fled from an officer attempting to carry out an investigative detention. We held that to establish the commission of an offense under section
843.02, “the state must establish that [ (1) ] the defendant fled with knowledge of the officer’s intent to detain him and [ (2) ] the officer was justified in making the detention due to his founded suspicion that the defendant was engaged in criminal activity.”
681 So.2d at 798 ; see also J.R.P. v. State,
942 So.2d 452, 453-54 (Fla. 2d DCA 2006); F.E.C. v. State,
559 So.2d 413, 414 (Fla. 2d DCA 1990). Accordingly, a defendant who flees from the police is culpable under section
843.02 if (a) a law enforcement officer issues a lawful order to the defendant to stop, (b) the defendant has knowledge of the order and that it is issued by a law enforcement officer, and (c) the defendant refuses to obey the order....
...unlawful or that C.E.L. did not act in knowing defiance of the order. The question presented by the instant case is whether an exception should be made from the general rule that knowing defiance of a lawful order to stop constitutes a violation of section 843.02....
...The defendant’s knowing defiance of the command to stop was, however, not a focus of the analysis in either case. Instead, the analysis in both cases focused on refuting the State’s suggestion that the defendant’s initial flight was itself a violation of section 843.02....
...e, the individual must be allowed to go on his way.’” D.T.B.,
892 So.2d at 524 (quoting Wardlow,
528 U.S. at 126 ,
120 S.Ct. 673 ). On this basis, the court concluded that the evidence was insufficient to establish that D.T.B. was culpable under section
843.02....
...We reasoned that allowing a charge of resisting an officer-without violence under such circumstances “would improperly criminalize the simple act of fleeing from an officer and expand the holding of Wardlow beyond its plain language.” Id. at 1132. Contrary to our statement in J.D.H., we now conclude that an offense under section 843.02 is committed by a person fleeing the police who defies a lawful order to stop even if the justification for detaining that person does not exist before he initially flees from the police....
...And it is of no consequence that the initial flight was not a crime. Once the police obtained justification based on Wardlow to stop C.E.L. and acted pursuant to that justification, C.E.L. was required to comply. Although the mere act of running from the police was not an offense under section 843.02, once a lawful command to stop had been issued by an officer, knowing defiance of that command was such an offense....
...l duty when he acts to detain a person based on reasonable suspicion pursuant to Wardlow . There is no reason that a person who knowingly defies an officer’s lawful command to stop in such circumstances should be absolved from responsibility under section 843.02. In recognizing this, we do not imply that every act of flight from the police is a crime. Instead, we simply acknowledge (a) that knowing defiance of a lawful police order is within the scope of section 843.02 and (b) that investigatory detentions pursuant to Wardlow are fully lawful. Under section 843.02, lawful police action based on Wardlow should not be treated differently than lawful police action based on other grounds. IV. Conclusion The trial court correctly denied C.E.L.’s motion for judgment of dismissal. We therefore affirm C.E.L.’s adjudication under section 843.02....
...NORTHCUTT, C.J., and FULMER, WHATLEY, CASANUEVA, DAVIS, SILBERMAN, KELLY, WALLACE, and LaROSE, JJ., 2 Concur. ALTENBERND, J., Concurs specially with an opinion in which STRINGER and VILLANTI, JJ., Concur. . Although the defendant in D.T.B. was charged with an offense under section
843.02, Florida Statutes (2004), the Third District referred to the offense as “obstructing/resisting arrest without violence.”
892 So.2d at 522 . As is apparent from the foregoing discussion of the elements of an offense under section
843.02, the act of resisting, obstructing, or *562 opposing need not be directed toward an attempted arrest....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 14700, 2005 WL 2291174
...Ed Cain or Michael Kellner, officers of the Lakeland Police Department, in the execution of legal process or in the lawful execution of a legal duty, without offering or *932 doing violence to the person of said officers, contrary to Florida Statute 843.02.” At trial, Albury presented the court with a written request for the following proposed instruction: To prove the crime of Resisting Officer Without Violence, the State must prove the following three elements beyond a reasonable doubt: 1....
...THE COURT: The defendant’s proposed instruction, number one, is denied as to the last paragraph, granted as to the second to the last paragraph. The trial court instructed the jury as requested by Albury but omitted the last paragraph of the requested instruction. Section 843.02, Florida Statutes (2003), provides that “[w]hoever shall resist, obstruct, or oppose any officer ......
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 13787
...When a police officer arrived, one juvenile stated that he lived in the complex; the officer escorted him home. The officer returned and repeatedly asked S.N.J. and S.F. for their names and addresses, intending only to issue a trespass warning. In rather vulgar terms, S.N.J. and S.F. refused. The officer arrested them. Section 843.02, Florida Statutes (2007), states in relevant part: Whoever shall resist, obstruct, or oppose any officer ......
...An individual may refuse to identify herself to a police officer when she has not been lawfully detained. See A.F. v. State,
912 So.2d 374, 376 (Fla. 2d DCA 2005); Fournier v. State,
731 So.2d 75, 76-77 (Fla. 2d DCA 1999); Burkes v. State,
719 So.2d 29, 30 (Fla. 2d DCA 1998). Further, to support a conviction under section
843.02, “with limited exceptions, physical conduct must accompany offensive words.” Francis v....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 615375
...As with the charge of felon in possession of a firearm, the solution is to, upon request, sever the obstruction charge so that the jury is not influenced in its deliberations on the remaining charges by the defendant's refusal to answer booking questions. Lastly, we note that section 843.02, Florida Statutes (1992), entitled "Resisting officer without violence to his or her person" is the proper statute with which to charge an individual with obstruction for failure to give their name or otherwise identify themselves....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 511542
...James Marion Moorman, Public Defender, and Amy Porinchak Thornhill, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee. BLUE, Judge. J.A. appeals from the order finding him in violation of section 843.02, Florida Statutes (1993), for obstructing an officer without violence....
CopyCited 2 times | Published | Supreme Court of Florida | 15 Fla. L. Weekly Supp. 519, 1990 Fla. LEXIS 1249, 1990 WL 149737
...ately reprimanded. We have jurisdiction. Art. V, § 15, Fla. Const. The referee made the following findings of fact: 1. That on or about March 2, 1987, the Respondent was arrested for resisting arrest without violence in violation of Florida Statute
843.02 and no valid tag in violation of Florida Statute
320.07(3)(b)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2009 WL 3271372
...argues that there was neither reasonable suspicion for an investigatory stop, nor probable cause. He contends that in the absence of a reasonable suspicion or probable cause, the officer was not engaged in the lawful execution of a legal duty under section 843.02, Florida Statutes (2008), and that the charge must be dismissed....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15552
...The petition for delinquency alleged that on October 80, 2008, L.O. resisted, obstructed, or opposed Matthew Morris of the St. Lucie County Sheriffs Office in the lawful execution of his legal duty, without offering or doing violence to him pursuant to section 843.02, Florida Statutes (2008)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 17769, 2011 WL 5374773
...This was a structural defect in Jones's trial, and we must reverse his convictions and remand for a new trial. Jones was charged with fleeing at high speed to elude, a second-degree felony in violation of section
316.1935(3)(a), Florida Statutes (2007), and obstruction without violence, a misdemeanor in violation of section
843.02, Florida Statutes (2007)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1990 WL 172812
...He was also charged with resisting an officer in the lawful execution of a legal duty with violence. §
843.01, Fla. Stat. (1985). Both charges arose from the altercation with the backup deputy. At the conclusion of the evidence, defense counsel requested a jury instruction on resisting an officer without violence. §
843.02, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1989 WL 43794
...Defendant's sentences are vacated and this matter remanded for resentencing consistent with this opinion. Judgment AFFIRMED; Sentences VACATED; and REMANDED. SHARP, C.J., and GOSHORN, J., concur. NOTES [1] §
893.13(1)(a)(1), Fla. Stat. (1987). [2] §
843.02, Fla....
CopyCited 2 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 35077, 2007 WL 1427045
...nt, where he was charged with three misdemeanor offenses: (1) violation of an injunction against repeat violation, in violation of Fla. Stat. §§
784.046 and
784.047; (2) resisting arrest without violence and obstruction, in violation of Fla. Stat. §
843.02; and (3) criminal mischief, in violation of Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2010 WL 1875571
...ossession of an assault-type rifle, and fleeing from an officer were "only" misdemeanors. See §
775.082(4)(b), Fla. Stat. (2007); §
790.25(3), Florida Statutes (2007); §
790.053(3), Fla. Stat. (2007); see also §
775.082(4)(a), Fla. Stat. (2007); §
843.02, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 96747
...Since the officer did not have reasonable suspicion to justify the stop of appellant, the arrest of appellant for resisting arrest without violence was in error since the officer was not in the lawful execution of any legal duty, as the statute requires. See § 843.02, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 783357
...In appellant's motion for judgment of acquittal, he argued, inter alia, that the state failed to prove that he knew the officer intended to detain him. In Mosley v. State,
739 So.2d 672 (Fla. 4th DCA 1999), this court held: "To support a conviction under section
843.02, the state must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty." If the officer has either reasonable suspicion t...
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Appellant constructed two large cardboard signs saying "Speed Trap Ahead" and placed them on both sides of a Pensacola intersection at which he had observed police officers using radar equipment. Moments later, he was arrested on a charge of "obstructing a police officer in the performance of his duties", a violation of Section 843.02, Florida Statutes....
...Here the facts going to the question of probable cause are clear and undisputed. Thus, the question for the jury is not a factual one but is purely a question of whether or not under these facts the officer had probable cause to believe that appellant had violated § 843.02, Florida Statutes, which provides in pertinent part as follows: "Whoever shall obstruct or oppose any such officer, .....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 833365, 2012 Fla. App. LEXIS 4131
...The concurrent five-year sentence is within the statutory maximum for third-degree felony grand theft auto. §
812.014(2)(c)6., Fla. Stat. (1999). The one-year sentences for the first-degree misdemeanor resisting without violence counts are also within the statutory maximum. §
843.02, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2017 WL 945533, 2017 Fla. App. LEXIS 3210
...To prove the crime of resisting an officer without violence, the State must prove (1) that the officer was lawfully executing a legal duty and (2) that the defendant acted in such a way as to obstruct or resist the execution of the officer’s duty. § 843.02, Fla....
...D.M.,
681 So.2d at 798 ; F.E.C. v. State,
559 So.2d 413, 414 (Fla. 2d DCA 1990). At bottom, the detective did not articulate a reasonable and well-founded suspicion that B.M. had committed a crime so as to conduct an investigatory stop. Accordingly, B.M. did not violate section
843.02 by defying the detective’s order to stop....
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 6812
...We reverse because the state failed to prove that D.G.’s verbal protests crossed the threshold from protected free speech to conduct that obstructed the officers in the “execution of legal process” or in the “lawful execution of any legal duty.” § 843.02, Fla.Stat....
...This generic description also fits D.G. The officer explained that D.G. interfered with the investigation by yelling and by encouraging his mother not to cooperate with the police. The trial court found that D.G.’s protests rose to the level of a violation of section 843.02....
...discretion, but his actions do not constitute disorderly conduct or obstruction of a police officer in the performance of a legal duty. See L.A.T. v. State,
650 So.2d 214 (Fla. 3d DCA 1995). This case demonstrates two common difficulties in applying section
843.02 to verbal conduct that allegedly “resist[s], obstructs[s], or oppose[s] any officer ... in the lawful execution of any legal duty.” §
843.02....
...The First District affirmed the conviction because the bystander’s conduct involved physical opposition to the police, in addition to yelling and cursing. On the other hand, there are cases holding that the use of mere words can be a violation of section 843.02 when a suspect provides false information to a police officer during a valid arrest or Terry 1 stop....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1627460
...D040160,
2003 WL 21783835 (Cal.Ct.App. Aug. 4, 2003)(unpublished opinion); Phillips v. Georgia, 267 Ga.App. 733, 601 S.E.2d 147 (2004); Stack v. Indiana, 534 N.E.2d 253, 255 (Ind.Ct.App.1989). It is true that the crime of resisting an officer without violence under section
843.02 [12] does require proof of the defendant's *593 knowledge of the officer's status although that statute is likewise silent as to such an element....
...§ 18-8-103 (West 2005) (defines peace officer as "in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted"); Mass. Gen. Laws ch. 268, § 32B (2005)(same); D.C.Code § 22-405 (2005). [12] Section 843.02., "Resisting officer without violence to his or her person," states: Whoever shall resist, obstruct, or oppose any officer as defined in s....
...the first degree, punishable as provided in s.
775.082 or s.
775.083. [13] We have come to this conclusion only very late in the process. Indeed, the source of our (my) error in the immediately former opinion was to cite Cooper,
742 So.2d at 855, a section
843.02 no violence case, in support of the conclusion that section
843.01, the with violence statute, contains the element of knowledge.
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1994 WL 321955
...Gen., Tallahassee, Belle B. Turner, Asst. Atty. Gen. and Kimberly D. Nolen, Certified Legal Intern, Daytona Beach, for appellee. PER CURIAM. AFFIRMED. We certify the following question as one of great public importance: IS RESISTING ARREST WITHOUT VIOLENCE (§
843.02) A NECESSARILY LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE (§
843.01)? COBB and GOSHORN, JJ., concur....
...therefore, because resisting without violence contains an essential element not required in resisting with violence, the former is not a lesser included offense of the latter. [2] This is a Blockburger [3] analysis but only after judicially amending section
843.02 by interpreting that section as requiring an allegation and proof of a lawful arrest while interpreting identical language in section
843.01 as not requiring such lawful arrest....
...Benjamin was based on Lee v. State,
368 So.2d 395 (Fla. 3d DCA), cert. denied,
378 So.2d 349 (Fla. 1979). In Lee, although the language of the statute prohibiting resisting with violence (section
843.01) and the statute prohibiting resisting without violence (section
843.02), insofar as this issue is concerned, is identical, Judge Kehoe, writing for the majority, imposed an obligation on the State to prove the legality of the arrest as an essential element only for the offense of resisting without violence. [4] *685 The justification in Benjamin for judicially imposing this additional element only on section
843.02 (and not on section
843.01) appears to be that at common law a citizen had the right to resist an illegal arrest and that since section
776.051 only abrogates the common law rule with respect to violent resistance, the right to resist an unlawful arrest without violence remains. [5] This ignores the fact that section
843.02 may itself have abrogated the common law right to resist even without violence....
...charge of resisting without violence. The mere fact that the arrest is shown to be lawful would not change this. [9] It is apparent that the judge and trial counsel conducted a standard Blockburger analysis without recognizing that there is more to section 843.02 than meets the eye.
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 11321, 2015 WL 4557000
...Instead, Barlow climbed into the truck and drove away. This
incident was the basis for the two misdemeanor charges, giving a false report to a law
enforcement officer, §
837.05(1), Fla. Stat. (2013), and obstructing a law enforcement
officer without violence, §
843.02, Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 85045, 2011 WL 3211514
...Wyatt directed Blackshear not to move his vehicle. Blackshear then exited his vehicle to converse with Wyatt. After the two spoke, Wyatt arrested Blackshear for a violation of Fla. Stat. §
316.072(3), for failure to obey a lawful order of a police officer, and Fla. Stat. §
843.02, for obstruction of justice without violence....
...ble belief that the suspect was about to commit a crime. Therefore, on this record, arguable probable cause did not exist to arrest Plaintiff for a violation of Fla. Stat. §
316.072(3). Additionally, Blackshear was charged with violating Fla. Stat. §
843.02, which makes it a misdemeanor to "resist, obstruct, or oppose any officer ....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 2119157
...In order to prove the crime of resisting an officer without violence, it must be shown that the officer was engaged in the lawful execution of a legal duty and that the action by the defendant constituted obstruction or resistance of the lawful duty. § 843.02, Fla....
...Once the deputy ordered the appellant to return to his location and the appellant complied, this encounter became a valid investigatory stop that then ripened into probable cause to believe that the appellant committed the crime of Resisting an Officer without Violence. § 843.02, Fla....
...The crime of Resisting an Officer without Violence has two elements: Whoever shall resist, obstruct, or oppose any officer . . . in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree. . . . 843.02, Fla....
...it must first be shown that "the officer was engaged in the lawful execution of a legal duty; and . . . the action by the defendant constituted obstruction or resistance of the lawful duty." Slydell v. State,
792 So.2d 667, 671 (Fla. 4th DCA 2001); §
843.02, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1997 WL 408313
...Additionally, no sentence was imposed for that count and it was not included in the sentencing guidelines scoresheet. Thus, we strike this count from the judgment of conviction but affirm it in all other respects. See Samudio v. State,
460 So.2d 418 (Fla. 2d DCA 1984). [3] §
843.02, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 400112
...t the store manager used the term "ordeal," nor the fact that the store manager elected to dial the police emergency number (after three or four hours), transforms rudeness into criminality. The evidence was also insufficient to prove a violation of section 843.02. To support a conviction under section 843.02 the state must show (1) that the officer was engaged in the lawful execution of a legal duty, and, (2) the action of the defendant constituted obstruction of or resistance to that legal duty....
...Nor can it be the basis for a Terry stop, as the majority holds, based on the suspicion that an assault was about to take placeunless "assaulting the sensibilities" of another is now a crime. GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] §
856.021, Fla. Stat. (1995). [2] §
843.02, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 9769, 2009 WL 2067691
...be a waste of judicial resources to require the trial court to address the issue. Sims v. State,
998 So.2d 494 (Fla.2008). Defendant's convictions are hereby REVERSED. ORFINGER and COHEN JJ., concur. NOTES [1] §
918.13(1)(a), Fla. Stat. (2008). [2] §
843.02, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 651
...ght to be on the premises pursuant to invitation by a tenant does so at his own risk”). Because the order to leave and therefore the arrest for failure to obey that order were each unlawful, the juvenile had every right to resist without violence. § 843.02, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 385475, 2012 Fla. App. LEXIS 1784
...The sergeant saw Sanchez and Garcia walk into the house together, but Sanchez denied that he had seen his friend. But merely giving the police false information generally will not support a criminal conviction, not even a misdemean- or conviction for resisting an officer without violence, § 843.02, commonly referred to as “obstruction.” See W.W....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 358122
...Therefore, Deputy Williams was not justified in detaining the defendant and the defendant's suppression motion should have been granted. Judgment and Sentence REVERSED. THOMPSON and MONACO, JJ., concur. NOTES [1] §
893.13(6)(a), Fla. Stat. (2004). [2] §
843.02, Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 1999 WL 68450
...nse. See id. As for appellant's conviction for resisting an officer without violence, the language of rule 3.703(d)(19) expressly limits its application to felony offenses. [2] Because resisting an officer *259 without violence is a misdemeanor, see § 843.02, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 WL 331662
...On January 3, 2008, L.D.K. was adjudicated delinquent of the third-degree felony of fleeing or attempting to elude, a violation of section
316.1935, Florida Statutes (2007), and the first-degree misdemeanor of resisting an officer without violence, a violation of section
843.02, Florida Statutes (2007)....
...A juvenile's period of commitment "may not exceed the maximum term of imprisonment that an adult may serve for the same offense." §
985.455(3). Resisting an officer without violence is a first-degree misdemeanor punishable by a term of imprisonment not exceeding one year. §§
775.082(4)(a), Fla. Stat. (2007),
843.02....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 20656
...nduct, neither the record nor the Petition for Delinquency show that C.W. was prosecuted for disorderly conduct. 4 The only charge for which Appellant was adjudicated delinquent was the charge of resisting an officer without violence in violation of section 843.02, Florida Statutes (2007)....
...There was no charge of disorderly conduct cited or referenced in the March 19, 2010, Petition for Delinquency. Although the Petition for Delinquency does not show a charge for disorderly conduct, the docket and the post-adjudication documents still erroneously show the unprosecuted disorderly conduct charge. . Section 843.02 states in pertinent part that: Whoever shall resist, obstruct, or oppose any officer as defined in s....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...Penal statutes must be strictly construed and under the facts here there was no showing whatever that Ramsey was being transported as required by the statute. Since there was no such proof, the court should have granted Ramsey's motion to dismiss. REVERSED. SHARP and COWART, JJ., concur. NOTES [1] Consider, however, section 843.02, Florida Statutes (1981), which proscribes the act of resisting an officer without violence to his person.
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 13338, 2011 WL 3687405
...argued below and on appeal that there was no reasonable suspicion of criminal activity sufficient to justify the stop and thus the officers were not executing a legal duty required to sustain the charge of resisting arrest without violence. We disagree. To support a conviction for resisting arrest without violence under section 843.02, Florida Statutes (2007), the State must prove that: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the defendant’s actions, by his words, conduct, or a combination thereof, constitute obstruction or resistance of the lawful execution of a legal duty....
...ble suspicion for them to stop M.J.; the officers were lawfully executing a legal duty sufficient to satisfy the charge of resisting an officer without violence. We therefore affirm MJ.’s adjudication for resisting an officer without violence. 2 . Section 843.02, Florida Statutes (2007) provides: 843.02 Resisting officer without violence to his or her person ....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 4483096, 2013 Fla. App. LEXIS 13460
...and theft (count 8), and obstruction (count 9); and we remand for a new trial on fleeing to elude (count 6). Affirmed in part, reversed in part, and remanded. GALLEN, THOMAS M„ Associate Senior Judge, Concurs. MORRIS, J., Concurs in result only. . § 843.02, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 12127
...Turning to the charge of obstructing or opposing an officer without violence, the State had to establish that on February 26 the officers were engaged in the lawful execution of a legal duty and E.A.B.’s actions amounted to obstruction or resistance of that lawful duty. See § 843.02, Fla....
CopyCited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 81150, 2010 WL 3190251
...Louis was ultimately arrested for obstructing an officer, handcuffed, and placed in the back of the car with James. (Doc. # 57, p. 8.) James was arrested for fleeing and eluding in violation of Florida Statute §
316.1935(1); resisting a law enforcement officer without violence in violation of Florida Statute §
843.02; and refusal to accept and sign a citation in violation of Florida Statute
318.14....
...All criminal charges against James were subsequently dismissed by the State Attorney's Office, he pled guilty to refusal to sign, and was found guilty of not dimming his headlights. Kathleen was arrested for resisting an officer without violence, in violation of Florida Statute § 843.02. The criminal charge was subsequently dismissed by the State Attorney's Office. Mary was arrested for resisting an officer without violence, in violation of Florida Statute § 843.02....
...not just the offense the officer articulated. Id. (1) James DeRosa James DeRosa was arrested for fleeing and eluding in violation of Florida Statute §
316.1935(1), resisting a law enforcement officer without violence in violation of Florida Statute §
843.02, and refusal to accept and sign a citation in violation of Florida Statute
318.14....
...Deputy George is entitled to summary judgment as to any portion of the claims that relate to a Fourth Amendment violation based on James's arrest and detention. (2) Kathleen DeRosa Kathleen was arrested for resisting an officer without violence in violation of Florida Statute § 843.02. (Doc. # 57, p. 9.) Deputy George asserts that Kathleen's talking during the initial traffic stop constituted a violation of § 843.02....
...he backseat. ( Id. at p. 12 n. 4.) Plaintiffs argue that Kathleen's words alone do not amount to obstruction, and thus Deputy George did not have probable cause, or even arguable probable cause, to arrest her. (Doc. # 57, pp. 10-11.) Florida Statute § 843.02 states that "[w]hoever shall resist, obstruct, or oppose any officer . . . in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, . . ." Fla. Stat. § 843.02....
...irst element of the offense. Davis,
451 F.3d at 764-65. As to the second element, Davis stated that "Florida courts have generally held, with very limited exceptions, that physical conduct must accompany offensive words to support a conviction under §
843.02", noting that Florida law held that "[w]ords alone may result in obstruction of justice where the officer in question is 1) serving process; 2) legally detaining a person; or 3) asking for assistance." Id....
...by which we distinguish a free nation from a police state." Florida courts recognized that verbal statements far more offensive and challenging than Kathleen's were protected speech under Hill and could not constitute a violation of Florida Statute § 843.02....
...." Similarly, these facts are less intrusive than in Davis,
451 F.3d at 766, which were also found to fail to establish even arguable probable cause. The Court concludes that Deputy George did not possess arguable probable cause to arrest Kathleen for violation of Fla. Stat. §
843.02....
...Plaintiffs argue the contrary. (1) James DeRosa In Count XIII James alleges that the incident report and charges made by Deputy George were malicious and the arrest was made without probable cause; that he was charged with Resisting Without Violence under Fla. Stat. § 843.02, Fleeing and Alluding under Fla....
...Deputy George's motion for summary judgment will be granted as to Count XIII. (2) Kathleen DeRosa In Count XIV Kathleen alleges that the incident report and charges made by Deputy George were malicious and the arrest was made without probable cause; that she was charged with Resisting Without Violence under Fla. Stat. § 843.02; and that all the criminal charges were later nolle prosequied by the State....
...6.) While it may be true that Deputy George did not fully comprehend what constitutes obstruction, the record provides no evidence that any significant portion of the Collier County *1305 Sheriff's department has no comprehension of what constitutes probable cause under Florida Statute § 843.02, nor have Plaintiffs pointed to another occasion when the failure to fully understand what constitutes obstruction without violence contributed to a constitutional violation....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 329526
...Accordingly, we remand to the trial court for determination of whether it is necessary to resentence Lennear. AFFIRMED, in part; REVERSED in part; REMANDED. GRIFFIN and SAWAYA, JJ., concur. NOTES [1] §§
893.03(2),
893.13(6)(a), Fla. Stat. (1997). [2] §§
893.03(2)(a)4,
893.135(1)(b), Fla. Stat, (1997). [3] §
843.02, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2010 WL 1565545
...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 matter of law, of resisting an officer under that statute by trying to escape the confinement....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2002 WL 553416
...In denying the motion to suppress, the lower court found (1) that the initial stop of appellant, Simon Sinclair, was a valid Terry [1] stop, and (2) that the evidence was properly seized incident to an arrest for obstructing a law enforcement officer, pursuant to section 843.02, Florida Statutes (1999)....
...I would reverse the conviction and remand the case for new trial with directions that if the case is retried, the articles seized from defendant be disallowed from admission into evidence against him. NOTES [1] Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). [2] Section
843.02 provides: "Whoever shall resist, obstruct, or oppose any officer ......
CopyCited 2 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 19864, 2003 WL 21960317
...Accordingly, the Court finds that probable cause existed to arrest Plaintiff for trespass. See, e.g., State v. Yunker,
402 So.2d 591 (Fla. 5th DCA 1981). Also, given that Plaintiff pled nolo contendere to a charge of resisting arrest without violence in violation of Fla. Stat. §
843.02, Plaintiff's conviction constitutes conclusive proof of probable cause to arrest Plaintiff for that offense....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 5598, 2012 WL 1216266
...continued resisting while she was escorted to the patrol car. Subsequently, R.J.R. was charged by petition with resisting an officer with violence pursuant to section
843.01, Florida Statutes (2010), and resisting an officer without violence pursuant to section
843.02, Florida Statutes (2010)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 951
...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....
...Under the circumstances of this case, the officers had a right to detain appellant. Appellant's running away, contrary to the officers' instructions, obstructed the officers in the performance of their legal duty. Accordingly, the trial court correctly found that appellant violated section 843.02....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 13189, 2009 WL 2870197
...20, 480 A.2d 600 (1984), for the proposition that a babysitter had standing to object to a search and seizure because she had an expectation of privacy and an obligation to protect the child from harm). [2] Byrd has not challenged his conviction for the misdemeanor of resisting an officer without violence. See § 843.02, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 3822192, 2012 Fla. App. LEXIS 14753
...EPHERD, J. S.L. appeals an adjudication of guilt for interfering with the administration and functions of an educational institution in violation of section
877.13(l)(a), Florida Statutes (2010), and resisting arrest without violence in violation of section
843.02, Florida Statutes (2010)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2002 WL 31094751
...r. In all other respects, we affirm McCormick's convictions and sentences. AFFIRMED IN PART, VACATED IN PART AND CONFLICT CERTIFIED. SHARP, W. and HARRIS, JJ., concur. NOTES [1] §
322.341, Fla. Stat. (2001). [2] §
322.34(5), Fla. Stat. (2001). [3] §
843.02, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4224348
...Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee. Before ROTHENBERG and SALTER, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. § 843.02, Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 77572, 2006 WL 2965482
...There, several police officers agreed that the arrest affidavits of Delgado and the protesters should state that they were arrested for failure to obey a lawful command in violation of Florida Statutes section 316.0723 and resisting without violence in violation of Florida Statutes section 843.02....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 15478
...Since the State failed to establish every element of the crime of giving a fictitious name the conviction pursuant to section
901.36 is reversed. J.P. also contends the trial court erred in denying his motion for judgment of acquittal on count II, resisting without violence, a violation of section
843.02, Florida Statutes (2001)....
...ed in making a stop pursuant to the Stop and Frisk statute. See H.H.,
775 So.2d at 398 . On similar facts, two of our sister courts have held flight by the passenger of a vehicle did not constitute the crime of resisting without violence pursuant to section
843.02....
...2d DCA 1996); S.G.K. v. State,
657 So.2d 1246 (Fla. 1st DCA 1995). The mere flight of J.P., a passenger in a stopped vehicle who was not suspected of any personal criminal behavior, is insufficient to sustain a conviction for resisting without violence pursuant to section
843.02....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 15276
...s as
police officers, and asked the occupants to exit. Mr. McClain came out several minutes
later. The officer arrested Mr. McClain because the officer was conducting an
investigation and Mr. McClain "took flight" upon the officer's presence. See § 843.02,
Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 15564
...argues that there was neither reasonable suspicion for an investigatory stop, nor probable cause. He contends that in the absence of a reasonable suspicion or probable cause, the officer was not engaged in the lawful execution of a legal duty under section 843.02, Florida Statutes (2008), and that the charge must be dismissed....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...The appellant was eventually subdued and placed in a police cruiser until the deputy sheriff arrived and arrested him. Appellant was charged with two counts of battery upon a law enforcement officer in violation of section
784.07, Florida Statutes (1981), and one count of resisting arrest without violence in violation of section
843.02, Florida Statutes (1981)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 2486
...The defendant pleaded nolo contendere to one count of possession of cocaine, reserving his right to appeal the denial of his motion to suppress in which he asserted that the evidence was obtained as a result of an illegal search. A second charge of resisting arrest without violence (section 843.02, Florida Statutes (1985)) was nolle prossed....
...ed the search, the defendant ran away. The officers pursued defendant and arrested him for obstructing an officer in the execution of a legal duty, i.e. an investigation of a theft and possession of illegal drugs, without violence (Florida Statutes, section 843.02 (1985))....
CopyCited 1 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 107741, 2009 WL 3870794
...Pastor,
351 F.3d 1080, 1085 (11th Cir.2003), Mr. Durruthy brought an action against his arresting officer and others alleging that the officer used excessive force when arresting him for resisting, obstructing, or opposing an officer in violation of Florida Statute §
843.02....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 16912, 2015 WL 7008164
...was required to wear protective eyewear. At the police officer’s approach, W.B. jumped off the scooter and fled' from the officer on foot. Eventually, the officer apprehended W.B.'at a nearby intersection. W.B. was charged with resisting arrest without violence in violation of section 843.02 of the Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 17341
...legal sufficiency of the state’s evidence. See A.A.R. v. State,
926 So.2d 463, 465 (Fla. 4th DCA 2006); G.G. v. State,
903 So.2d 1031, 1032-33 (Fla. 4th DCA 2005). Appellant was charged with obstructing an officer without violence in violation of section
843.02, Florida Statutes (2007). Section
843.02 states in pertinent part that: Whoever shall resist, obstruct, or oppose any officer as defined in s....
...failed to prove that appellant, by his words alone, committed an action that “constituted obstruction or resistance of that lawful duty.” “With limited exceptions, physical conduct must accompany offensive words to support a conviction under [section 843.02].” Francis v....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 6929, 2010 WL 1979276
...The defendant was charged with third-degree grand theft of a vehicle in violation of section
812.014(2)(c)(6), Florida Statutes (2004), willfully fleeing or attempting to elude a police officer in violation of section
316.1935(1), Florida Statutes (2004) and resisting an officer without violence in violation of section
843.02, Florida Statutes (2004)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 1450706
...Clegg, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, J. Earl Hadnot appeals his conviction of resisting an officer without violence, in violation of section 843.02, Florida Statutes (2004)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 6547
...ssion of an assault-type rifle, and fleeing from an officer were “only” misdemeanors. See §
775.082(4)(b), Fla. Stat. (2007); §
790.25(3), Florida Statutes (2007); §
790.053(3), Fla. Stat. (2007); see also §
775.082(4)(a), Fla. Stat. (2007); §
843.02, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 1020004
...Pamela Jo Bondi, Attorney General, and Keri T. Joseph, Assistant Attorney General, for appellee. Before SUAREZ, ROTHENBERG, and SALTER, JJ. ROTHENBERG, J. T.D., a juvenile, appeals from an adjudication of delinquency for resisting an officer without violence, in violation of section 843.02, Florida Statutes (2010). To support a conviction for resisting an officer without violence under section 843.02, the State must prove: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the defendant's actions, by his words, conduct, or a combination thereof, constitute obstruction or resistance of the lawful execution of a legal duty....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...ces.
Thus, we reverse the adjudication of giving a false name, but we affirm the
adjudication of resisting arrest.
K.O. was charged with violation of section
901.36(1), Florida Statutes
(2018), for giving a false name to police, and violation of section
843.02,
Florida Statutes (2018), for resisting arrest without violence....
...was charged with the violation of two statutes. Section
901.36(1),
Florida Statutes, provides that “[i]t is unlawful for a person who has been
arrested or lawfully detained by a law enforcement officer to give a false
name . . . .” (emphasis added). Section
843.02 provides:
Whoever shall resist, obstruct, or oppose any officer as defined
in s....
...was neither arrested nor lawfully
detained by the officer when he gave the officer the false name, he cannot
be guilty of a violation of section
901.36(1). The officers were, however, in
the lawful execution of a legal duty when they ordered him to stop.
Therefore, he is guilty of resisting an officer without violence under section
843.02.
This case is controlled by D.T....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1997 WL 106568
...e sentence. Defendant pled guilty to the second degree felony of leaving the scene of an accident involving injury or death, section
316.027, Florida Statutes (1993), and to the first degree misdemeanor of obstruction of an officer without violence, section
843.02....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10001, 2016 WL 3534036
...the elements of the crime beyond a reasonable doubt, sufficient evidence exists to sustain a conviction,”) (internal citations omitted). We agree with the defendant’s argument on his resisting without violence conviction. The applicable statute, section 843.02, Florida Statutes (2013), provides: Whoever shall resist, obstruct, or oppose any officer ... in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree § 843.02, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 9984
...continued to approach him with clenched fists. 1 Later, J.M. crossed the street and was detained by Officer Williams. J.M. was charged with disorderly conduct in violation of sections
877.03 and
777.011, Florida Statutes (2005), 2 and resisting an officer without violence in violation of section
843.02, Florida Statutes (2005)....
...sons. The trial court also found that J.M. knew he was supposed to leave the park. Based upon J.M.’s failure to leave the park as the officers had initially requested, the trial court found him guilty of resisting an officer without violence under section 843.02, Florida Statutes (2005). At a subsequent disposition hearing, the court withheld adjudication and issued a judicial warning. J.M.’s appeal followed. Section 843.02, Florida Statutes (2005), provides that “[w]hoever shall resist, obstruct or oppose any officer ... in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree.... ” § 843.02, Fla....
...y himself and allow officers to conduct an investigation); H.A.P. v. State,
834 So.2d 237, 239 (Fla. 3d DCA 2002)(holding that a juvenile resisted an officer without violence by refusing to leave an area where the SWAT team was conducting a search). Section
843.02 is intended to apply when a person willfully interferes with an officer’s lawful activities. N.H.,
890 So.2d at 516 . However, inaction can constitute interference under section
843.02....
...Clearly, J.M. remained in the park, as evidenced by him approaching Officer Williams to aid his brother. Therefore, J.M.’s presence in the park after the orders to leave was sufficient to support the trial court’s order finding him delinquent for violating section 843.02....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 9123
...The question in this juvenile delinquency appeal is whether D.W. was entitled to a *783 judgment of dismissal. Under the circumstances of this case, we conclude that the answer is no. D.W. was charged with a single count of resisting an officer without violence in violation of section 843.02, Florida Statutes (2008)....
...The trial court agreed and denied the motion for judgment of dismissal. We first address the question whether the pickup order should have been introduced into evidence. The State charged D.W. with a crime: resisting an arrest without violence, a first-degree misdemeanor, in violation of section 843.02, Florida Statutes....
...-,
129 S.Ct. 695 ,
172 L.Ed.2d 496 (2009). That is a different issue. No one contended that there was a Fourth Amendment violation when the officers took D.W. into custody. The only question involved here is what evidence is required to prove a violation of section
843.02 when the defendant is charged with resisting an arrest based on a pickup order....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 WL 3216299, 2016 Fla. App. LEXIS 8923
...ge. D.L.S., a juvenile placed on probation, appeals the withhold of adjudication of delinquency and' the- denial of-his motion for dismissal. See Fla. R. Juv. P. 8.110(k). The State charged D.L.S. with obstruction of an officer without violence. See § 843.02, Fla....
...Even if the officer was engaged in the lawful performance of a legal duty— dispersing a crowd—he had no founded suspicion to stop or arrest D.L.S. Thus, because “the arrest itself was unlawful, a prosecution for resisting arrest without violence under section 843.02,' must also fail.” Johnson v....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 7296
...the motion must be granted.” J.P. v. State,
855 So.2d 1262,1264 (Fla. 4th DCA 2003) (citation omitted). A motion for judgment of acquittal is the equivalent of a motion for judgment of dismissal in the juvenile court. See Fla. R. Juv. P. 8.105(k). Section
843.02, Florida Statutes (2007), under which K.A....
...was charged, provides: Whoever shall resist, obstruct, or oppose any officer ... in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree.... “To support a conviction under section 843.02, the state must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty.” Jay v....
...on the job. Because this element was not met, the attempted arrest for obstruction was illegal. The state argues, in the instant case, that Deputy Behnam could have lawfully taken K.A. into custody for violating three separate statutes. The first is section 843.02, the statute at issue in Jay and the statute K.A....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 WL 1606097
...the motion must be granted." J.P. v. State,
855 So.2d 1262, 1264 (Fla. 4th DCA 2003) (citation omitted). A motion for judgment of acquittal is the equivalent of a motion for judgment of dismissal in the juvenile court. See Fla. R. Juv. P. 8.105(k). Section
843.02, Florida Statutes (2007), under which K.A....
...was charged, provides: Whoever shall resist, obstruct, or oppose any officer ... in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree.... "To support a conviction under section 843.02, the state must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty." Jay v....
...on the job. Because this element was not met, the attempted arrest for obstruction was illegal. The state argues, in the instant case, that Deputy Behnam could have lawfully taken K.A. into custody for violating three separate statutes. The first is section 843.02, the statute at issue in Jay and the statute K.A....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 1944501
...We note that this matter was not raised before the trial court except by an unparticularized motion for judgment of acquittal. The error, however, was fundamental because it affirmatively appears from the case put on by the State that the charged violation of section 843.02, Florida Statutes (2006), was not committed by Mr....
...Thus, we otherwise affirm the judgment with respect to all other charged crimes of which Mr. Atkins was convicted, as well as the sentence awarded by the trial court. AFFIRMED in part, REVERSED in part, and REMANDED. THOMPSON, J. and SMITH T., Associate Judge, concur. NOTES [1] See § 843.02, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 9183
ORFINGER, R.B., J. V.L., a child, appeals the trial court’s order adjudicating him - delinquent after having been found guilty of resisting, obstructing or opposing an officer without violence in violation of section 843.02, Florida Statutes (1999)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 100392, 2012 WL 2877596
...As the plaintiff approached the sidewalk, the defendant police officer grabbed him from behind, pulled him to the ground, and struggled to restrain him. Id. The plaintiff was arrested and charged with resisting, obstructing, or opposing an officer, Fla. Stat. § 843.02 ....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 2010842
...There was sufficient evidence to support a finding that the officers were engaged in the lawful execution of a legal duty at the time of Eastes' violent actions. AFFIRMED. PLEUS and LAWSON, JJ., concur. NOTES [1] §
784.07, Fla. Stat. (2005). [2] §
843.01, Fla. Stat. (2005). [3] §
843.02, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 7347
appeals from an order finding him in violation of section
843.02, Florida Statutes (1993), and withholding adjudication
CopyCited 1 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 9344, 1996 WL 380629
...Schramm to believe that Plaintiff had committed a crime. Furthermore, although Plaintiff was subsequently found not guilty on the two counts of Grand Theft Auto, Plaintiff was convicted by a jury of Resisting an Officer Without Violence pursuant to § 843.02, Fla.Stat....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 34
CONFESSION OF ERROR ROTHENBERG, J. B.J., a juvenile, appeals the trial court’s order adjudicating him delinquent as to the sole offense charged — resisting an officer without .violence in violation of section 843.02, Florida Statutes (2011)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1997 WL 34654
...REVERSED and REMANDED with directions. PETERSON, C.J., and GOSHORN, J., concur. NOTES [1] §
812.014(1)(a) and (2)(c), Fla.Stat. (1989). [2] §
810.02(1) and (3), Fla.Stat. (1989). [3] §
812.014(1)(a) and (2)(c), Fla.Stat. (1989). [4] §
812.019, Fla.Stat.(1989). [5] §
843.02, Fla.Stat....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 654, 2009 WL 211937
...Sinquefield with burglary of an unoccupied conveyance and obstructing or opposing an officer without violence. At trial, a jury found him guilty as charged. He was sentenced to ten years' incarceration as a habitual felony offender for the burglary and to time served for obstructing an officer, which is a misdemeanor. See §
843.02, Fla. Stat. (2005). Mr. Sinquefield argues here, as he did in the trial court, that there was no evidence that the officer was acting in the lawful execution of any legal duty. See Tillman v. State,
934 So.2d 1263, 1266 (Fla.2006). Section
843.02 makes it a misdemeanor to "resist, obstruct, or oppose any officer as defined in s....
...without offering or doing violence to the person of the officer." The statute also makes it an offense to oppose a list of other law enforcement personnel and "other person[s] legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty. " § 843.02 (emphasis added). [1] *372 The case law has long held that "in the lawful execution of any legal duty," as provided under section 843.02, modifies not only any "other person," but also "any officer as defined in s....
...The officer in this case was a sworn officer only inside the City of Palmetto. There is no evidence that he had *373 any arrest authority elsewhere in Manatee County, and this event did not involve fresh pursuit. [3] The officer was therefore acting only as a private citizen. We decline to read section 843.02 to establish an offense of resisting a citizen's arrest....
...Sinquefield, he was not engaged in the lawful execution of any legal duty. We therefore reverse the judgment and sentence for obstructing an officer without violence. Affirmed in part, reversed in part, and remanded. VILLANTI and LaROSE, JJ., Concur. NOTES [1] In its entirety, section 843.02 provides: Whoever shall resist, obstruct, or oppose any officer as defined in s....
...with force or violence an officer's authority to conduct an arrest. The outcome of these developments is that a person retains a right, drawn from the common law, to resist an unlawful arrest only without force. Similarly, under sections
843.01 and
843.02, the State must prove the lawfulness of the arresting officer's action. It is noteworthy that the offenses established by the legislature in sections
843.01 and
843.02 are not limited to arrest situations, even though the common law right to resist an officer was limited to that setting....
...[3] Sometimes officers are subject to mutual aid agreements or are sworn both as deputies and municipal police officers, but there is no evidence of such a situation in this case. See Rinaldo v. State,
787 So.2d 208 (Fla. 4th DCA 2001). [4] We realize an argument could be made that the officer was an "other person" under section
843.02 attempting to engage in a lawful citizen's arrest. See, e.g., Collins v. State,
143 So.2d 700 (Fla. 2d DCA 1962). Nevertheless, we have found no case applying section
843.02 to criminalize resisting a private citizen's attempt to arrest without violence, and we do not read section
843.02 to establish such an offense.
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 707
...J.L.S. was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section
810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section
843.02, Florida Statutes (2005)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...ed in the lawful execution of a legal duty; and (2) the defendant's action, by his words, conduct, or a combination thereof, constituted obstruction or resistance of that lawful duty." C.E.L. v. State ,
24 So.3d 1181 , 1185-86 (Fla. 2009) ; see also §
843.02, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1806, 2010 WL 567249
...The issue here is whether Legnosky's false statements to Deputy Darst that Coteral was not in the apartment, that he had not seen her in days, and that she had already been served and had been taken to a rehab center constituted obstruction sufficient to support arrest. Section 843.02, Florida Statutes (2008), provides: Resisting officer without violence to his or her person.Whoever shall resist, obstruct, or oppose any officer ......
...Typically, physical conduct must accompany words to support a charge of obstruction. In D.G. v. State,
661 So.2d 75, 76 (Fla. 2d DCA 1995), while concluding that the defendant's words alone in that particular case did not constitute obstruction, this court explained the following "general proposition" applicable to section
843.02: If a police officer is not engaged in executing process on a person, is not legally detaining that person, or has not asked the person for assistance with an ongoing emergency that presents a serious threat of imminent harm to person...
...t a "lookout's" words warn the suspect that the police are coming, thereby preventing a possible suspect's apprehension. See, e.g., Porter v. State,
582 So.2d 41, 42 (Fla. 4th DCA 1991) (holding that defendant could be charged with obstruction under section
843.02 where he acted as "lookout" for drug deal and warned drug dealer that the police were coming by yelling code words, thereby allowing drug dealer to escape)....
...Legnosky's words were not "mere verbal expression challenging police action," but rather, on their face, were "intended to impede the officer [] in the execution of [his] duties." Porter,
582 So.2d at 43. Based on these facts, words alone were sufficient to charge Legnosky with a violation of section
843.02, and the trial court erred in granting the motion to suppress....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ. FERGUSON, Judge. Appellant, Timothy Oliver, was charged by information with carrying a concealed firearm in violation of Section
790.01, Florida Statutes (1979) and resisting arrest without violence in violation of Section
843.02, Florida Statutes (1979)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 18198
...se of delivering the child .without unreasonable delay to the appropriate school system site. (Emphasis added.) Because the officer was not authorized, A.J.R. maintained that he could not be convicted of obstructing an officer without violence under section 843.02, Florida Statutes (2014)....
...1st DCA 2008) (emphasis omitted). We also apply a de novo standard of review to a trial court’s construction of a statute. State v. C.M.,
154 So.3d 1177, 1178 (Fla. 4th DCA 2015). In order to prove that a juvenile obstructed an officer without violence under section
843.02, the State must prove (1) “the officer was engaged in the lawful execution of a legal duty” and (2) that the juvenile’s actions “obstructed the exercise *143 of that duty.” D.L.S....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 WL 4967460
...*832 Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. C.N., a juvenile, was charged with disorderly conduct, §
877.03, Fla. Stat. (2008), and resisting an officer without violence, §
843.02, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 18619
NORTHCUTT, Judge. C.N., a juvenile, was charged with disorderly conduct, §
877.08, Fla. Stat. (2008), and resisting an officer without violence, §
843.02, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 21548
...that fight. As the officer tried to approach the boys, the two boys turned away and left. The officer contacted other nearby officers, who ultimately detained D.A.W. and arrested him for obstructing an officer without violence in vio *626 lation of section 843.02, Florida Statutes (2004)....
...non-violent protest,” without any other “cognizable wrongdoing,” did not justify the police order). This distinction between verbal harassment and obstructive conduct is not only consistent with the definition of this offense as set forth in section 843.02, but it is also necessary to ensure that the offense as defined does not infringe upon rights of free speech under the First Amendment....
...tance in an ongoing emergency, then “that person’s” actions must normally be physically obstructive, not merely verbally harassing, in order to support a conviction for obstructing an officer without violence. In D.G., we merely explained that section 843.02 applies to situations where a person resists, obstructs, or opposes an officer or any other person who is engaged in the “lawful execution of any legal duty.” 2 An arrest *627 situation, particularly one involving the person allege...
...We therefore reverse the order withholding adjudication of delinquency and remand with instructions to discharge D.A.W. Reversed and remanded. KELLY, J., and DANAHY, PAUL W., Senior Judge, Concur. . Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968). . Both sections
843.01 and
843.02, Florida Statutes (2004), in light of the punctuation used in the statutes, could be read to apply broadly to officers, whether or not engaged in the execution of a legal duty, and separately to any “other person” "in the lawful execu *627...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 21989, 2012 WL 6682018
...e that the defendant have knowledge of the officer’s status does not militate against ruling that such knowledge is required, even though similar statutes do contain' that language); Cooper v. State,
742 So.2d 855 (Fla. 1st DCA 1999) (holding that section
843.02, forbidding resisting an officer without violence, requires proof of the defendant's knowledge of the officer’s status despite statute’s silence as to such knowledge)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 20509
...ation defense. The Fourth District explained that prior to the adoption of section
901.36(1) in 1999, a person *944 who gave a false name to a police officer was charged with either obstructing justice or resisting an officer without violence, under section
843.02, Florida Statutes, and that cases interpreting section
843.02 have “recognized a recantation defense where the defendant acted with sufficient promptness in correcting the false name.” A.A.R.,
926 So.2d at 465 ....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 16613
...The elements of resisting an officer without violence require that (1) the officer be engaged in the lawful execution of a legal duty and (2) the defendant’s action constitute obstruction or resistance of that lawful duty. See Fripp v. State,
766 So.2d 252 (Fla. 4th DCA 2000); §
843.02, Fla.Stat....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1996 WL 728351
...The other issues raised by the defendant being without merit, we affirm. AFFIRMED. PETERSON, C.J., and THOMPSON, J., concur. NOTES [1] §§
784.07(2)C,
784.021(1)(a), and
775.0823(1), Fla.Stat. (1995). [2] §
790.07, Fla.Stat. (1995). [3] §
790.15, Fla.Stat. (1995). [4] §
843.02, Fla.Stat....
CopyCited 1 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 25858, 2002 WL 31831445
...e to arrest Plaintiff. According to Pastor, arguable probable cause existed because Plaintiff interfered with the police by walking out into the street while the police were trying to clear the street. This conduct, explains Pastor, clearly violated § 843.02, Fla....
...Stat., where the facts showed that the plaintiff kept talking after the officer told him to be quiet, and that the officer had been told earlier that the plaintiff had previously resisted an arrest with violence). After being arrested, Plaintiff was charged with violating § 843.02....
...ny law enforcement officer [with respect to the traffic laws]." The Court must therefore consider these laws in relation to the facts of this case and must decide if Pastor had arguable probable cause to arrest Plaintiff based on any of them. As for § 843.02, the videotape submitted to the Court shows that Plaintiff did indeed enter the street during the protest, and it was obvious that the street had been cleared of pedestrians....
...The fact that he continued to film and did not move as quickly as possible does not make an arrest for resisting, obstruction, or opposing an officer reasonable. Accordingly, the Court cannot find that Pastor had arguable probable cause for the arrest based on § 843.02....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 12523, 2002 WL 1990874
...ve assistance of trial counsel. Accordingly, we deny this petition without prejudice to seek appropriate collateral relief. Petition for Belated Appeal DENIED WITHOUT PREJUDICE. THOMPSON, C.J., and HARRIS, J., concur. . §
893.13(6)(a), Fla. Stat. . §
843.02, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1990 WL 125099
...s. The defendant's criminal history in this case does not meet the criteria in Keys v. State or the statute [2] and therefore, the departure sentence should be reversed. NOTES [1] §
812.014, Fla. Stat. (1987). [2] §
812.015, Fla. Stat. (1987). [3] §
843.02, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 5260
...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 matter of law, of resisting an officer under that statute by trying to escape the confinement....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 WL 1564584
...Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee. GROSS, C.J. We hold that the contents of a BOLO dispatch were non-hearsay admissible to establish an element of the crime of resisting an officer without violence. See § 843.02, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 1301444, 2014 Fla. App. LEXIS 4783
...fenses under the law in effect in 2003 when the out-of-state offense was committed. See Hankins v. State,
42 So.3d 871 , 873 n. 3 (Fla. 2d DCA 2010). . The Texas offense of evading arrest may be similar to resisting an officer without violence under section
843.02, Florida Statutes (2002), which applies where a defendant flees an officer knowing the officer is attempting to make a lawful arrest....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 5659
...or herself in any way, to the law enforcement officer.... Before the 1999 adoption of the “false name” statute, giving a false name to a police officer was prosecuted as an obstruction of justice, or resisting an officer without violence, under section 843.02, Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 5069
...To be guilty of resisting an officer without violence, (1) the officer must be engaged in the lawful execution of a legal duty; and (2) the defendant’s action must constitute obstruction or resistance of that lawful duty. Mosley v. State, 739 *
482 So.2d 672, 675 (Fla. 4th DCA 1999). Section
843.02, Florida Statutes (2003) is intended to apply to any situation where a person willfully interferes with the lawful activities of the police. N.H. v. State,
890 So.2d 514 (Fla. 3d DCA 2005) (officer’s reasonable suspicion to stop and question a juvenile running from location where scream was heard was lawful activity under Section
843.02)....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15747
ROBERT P. SMITH, Jr., Acting Chief Judge. Hysmith appeals from a judgment and sentence imposed on him for the first degree misdemeanor of resisting an officer without violence to his person. Section 843.02, Florida Statutes (1977)....
CopyPublished | Florida 2nd District Court of Appeal
...Coats,
24 So. 3d 1284, 1288
(Fla. 2d DCA 2010). The crime of resisting an officer without violence occurs when a
suspect (1) knowingly (2) resists, obstructs, or opposes a law enforcement officer (3)
who is in the lawful execution of any legal duty. See §
843.02, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 15159
...On appeal from his delinquency adjudication for obstructing an officer without violence, E.A.B. contends that the charge was not proved. We agree and reverse. The State filed a petition alleging that E.A.B. was delinquent for obstructing an officer without violence, contrary to section 843.02, Florida Statutes (2005)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 12236, 1998 WL 654173
BLUE, Judge. I.S.M. challenges his adjudication of delinquency for obstructing or opposing a police officer without violence, contrary to section 843.02, Florida Statutes (1995)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2051, 1986 Fla. App. LEXIS 9851
...refusal to exclude photographic evidence of another crime. We affirm. Appellant was charged with one count-of obstructing an officer in the execution of a legal duty, to wit: investigation of the defendant on charges of child abuse, in violation of section
843.02, Florida Statutes, and one count of resisting arrest with violence, in violation of section
843.01, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 11836, 23 Fla. L. Weekly Fed. D 2160
...Cleveland admitted to the arresting officer that he had the firearm in his right front pocket *189 while being chased. Accordingly, the addition of the 25 points was proper. See Vela, White. AFFIRMED. COBB and GOSHORN, JJ., concur. . §
790.01(2), Fla. Stat. . §
790.22(3), Fla. Stat. .§
843.02, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ore’s towel fell off. 5 After placing
Moore in the patrol vehicle, Pederson took Moore to the police station where he
was booked and eventually provided a jump suit to wear. Moore was subsequently
charged with violating Florida Criminal Statute 843.02: resisting officer –
obstructing without violence....
...added).
11
Case: 14-14201 Date Filed: 09/16/2015 Page: 12 of 23
While Pederson contends that he had probable cause to arrest Moore for his
alleged violation of Fla. Stat. § 843.02, which makes it illegal to resist an officer
without violence, serious problems doom Pederson’s argument....
...5 Page: 15 of 23
to enter the premises and may refuse to answer any questions at any time.”).
Consequently, Moore’s refusal to answer Pederson’s requests for identification
could not have served as the basis for a violation of Fla. Stat. § 843.02, resisting an
officer without violence, and Pederson lacked probable cause to arrest Moore for
this violation.
We have said that an officer may not enter the home for the purpose of
effecting a warrantless arrest unless that officer has both probable cause and either
exigent circumstances or consent....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ore’s towel fell off. 5 After placing
Moore in the patrol vehicle, Pederson took Moore to the police station where he
was booked and eventually provided a jump suit to wear. Moore was subsequently
charged with violating Florida Criminal Statute 843.02: resisting officer –
obstructing without violence....
...added).
11
Case: 14-14201 Date Filed: 09/16/2015 Page: 12 of 23
While Pederson contends that he had probable cause to arrest Moore for his
alleged violation of Fla. Stat. § 843.02, which makes it illegal to resist an officer
without violence, serious problems doom Pederson’s argument....
...5 Page: 15 of 23
to enter the premises and may refuse to answer any questions at any time.”).
Consequently, Moore’s refusal to answer Pederson’s requests for identification
could not have served as the basis for a violation of Fla. Stat. § 843.02, resisting an
officer without violence, and Pederson lacked probable cause to arrest Moore for
this violation.
We have said that an officer may not enter the home for the purpose of
effecting a warrantless arrest unless that officer has both probable cause and either
exigent circumstances or consent....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 9433
BLUE, Judge. J.A. appeals from the order finding him in violation of section 843.02, Florida Statutes (1993), for obstructing an officer without violence....
CopyPublished | District Court of Appeal of Florida | 1988 Fla. App. LEXIS 4327, 1988 WL 100552
PER CURIAM. Appellant appeals his adjudication of delinquency for obstructing a police officer contrary to section 843.02, Florida Statutes (1987)....
CopyPublished | Florida 2nd District Court of Appeal
an officer without violence, in violation of section
843.02, Florida Statutes (2015). The court withheld
CopyPublished | Florida 2nd District Court of Appeal
...Assistant Attorney General, Tampa, for
Appellee.
ATKINSON, Judge.
After an adjudicatory hearing, I.K. was found guilty of criminal mischief, in
violation of section
806.13(1)(b)(1), Florida Statutes (2015), and resisting an officer
without violence, in violation of section
843.02, Florida Statutes (2015)....
...When leading
-2-
him out of the apartment, he refused to walk down the stairs so the officers had to
physically carry him. Once they got him in the patrol car, he kicked out a window. They
had to use a special technique to restrain him.
Section 843.02 provides that resisting an officer in the lawful execution of
any legal duty without offering or doing violence to the officer is a first-degree
misdemeanor....
...omitted)); cf. B.M. v. State,
212 So. 3d 526, 530 (Fla. 2d DCA 2017) ("[T]he detective
did not articulate a reasonable and well-founded suspicion that B.M. had committed a
crime so as to conduct an investigatory stop. Accordingly, B.M. did not violate section
843.02 by defying the detective's order to stop."); D.L....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 15675, 2004 WL 2375612
...to withdraw his previously entered no contest plea. We reverse. Appellant was charged by information with possession of cannabis in violation of section
893.13(6)(a), Florida Statutes (2003) and resisting an officer without violence, in violation of section
843.02, Florida Statutes (2003)....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16846
...s-respondent’s conviction for resisting arrest without violence. Petitioner-cross-respondent was charged with the crimes of petit larceny, in violation of Section 812.021, Florida Statutes (1975); resisting arrest without violence, in violation of Section 843.02 Florida Statutes (1975); and reckless driving, in violation of Section 316.029, Florida Statutes (1975)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 13556, 1998 WL 733114
...The judgment should be corrected to reflect that appellant was convicted after a non-jury trial, rather than after a plea of nolo contendere. Additionally, the judgment incorrectly lists section
843.01 as the applicable statute for resisting arrest without violence. The correct statutory reference is section
843.02....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 15391, 2004 WL 2346740
...The police thereafter .arrested R.E.D. Appellee State of Florida charged R.E.D. with the single offense of unlawfully resisting, obstructing, and opposing, without violence, a law enforcement officer in the lawful execution of a legal duty or process, pursuant to section 843.02, Florida Statutes (2003)....
...argues that he did not resist a police officer or obstruct, a police officer engaged in the lawful exercise of a legal duty. We agree and adopt Judge Gunther’s analysis in Jay v. State,
731 So.2d 774, 775 (Fla. 4th DCA 1999). “To support a conviction under section
843.02, the state must show: (1) the -officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty.” See also S.G.K v....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 9, 2022
...on that the passen-
ger has committed, is committing, or is likely to commit a criminal
offense. Part IV addresses whether the officer here lacked arguable
probable cause to arrest the passenger under Florida Statute
§ 843.02 for refusing to comply with the officer’s demand that he
identify himself....
...fice “supervisor informed Deputy Dunn that he should arrest
[Johnson]” for refusing to identify himself. Dunn accordingly
placed Johnson “under arrest for resisting without violence” in vi-
olation of Florida Statute § 843.02....
...6
immunities secured by the Constitution and laws, shall be lia-
ble to the party injured in an action at law . . . for redress[.]
42 U.S.C. § 1983.
5 See Fla. Stat. §
316.605(1) (Licensing of vehicles).
6 Fla. Stat. §
843.02 (Resisting officer without violence to his or her person)
states: “Whoever shall resist, obstruct, or oppose any officer ....
...in the lawful
execution of any legal duty . . . shall be guilty of a misdemeanor of the first
degree.”
As noted in the above text, Johnson was arrested on August 2, 2018.
He moved the County Court for Pasco County to dismiss the § 843.02 charge,
USCA11 Case: 21-10670 Document: 42-1 Date Filed: 10/02/2023 Page: 6 of 55
6 Opinion of the Court 21-10670
Count I is styled “Fourth Amendm...
...Due Process Clause of the Fourteenth Amendment. The Fourth
Amendment claim is based on Terry v. Ohio,
392 U.S. 1,
88 S. Ct. 1868 (1968), and its progeny. The due process claim is that
Dunn lacked probable cause to arrest Johnson for violating
§
843.02.
Dunn’s request that Johnson identify himself was allegedly
unreasonable because at the specific moment Dunn encountered
Johnson he was, in effect, conducting a Terry stop 8 and could not
demand that...
...2451, 2459 (2004). The due process
claim is that Johnson expressed his refusal to identify himself in
“mere words.” Dunn therefore lacked probable cause to arrest
Johnson for resisting an officer without violence in violation of
§ 843.02.
Dunn moved to dismiss Count I of both the initial and
amended complaints on the ground that the doctrine of qualified
immunity immunized him from suit....
...Plaintiff had a legal right to refuse to provide his iden-
tification to Deputy Dunn. As such, Deputy Dunn had
neither actual probable cause nor arguable probable cause
to arrest Plaintiff [for violating § 843.02]....
...(emphasis added). An inference reasonably drawn from the em-
phasized language is that if Johnson did not have a legal right to
refuse Dunn’s command that he identify himself, Dunn had at least
arguable probable cause to arrest him under § 843.02 for refusing
to do so....
...Therefore, Dunn is entitled to the dismissal of
Johnson’s Fourth Amendment claim under the doctrine of quali-
fied immunity.
IV.
The District Court concluded that Deputy Dunn lacked ar-
guable probable cause to arrest Johnson for violating § 843.02 be-
cause Johnson had a Fourth Amendment right to refuse to identify
himself when Dunn asked him to....
...this case presents. At the very least, it is arguable that the Court
would uphold the request and find the officer had at least arguable
cause to arrest the passenger for resisting an officer without vio-
lence in violation of § 843.02.
V.
For the reasons we have expressed, the District Court’s judg-
ment denying Deputy Dunn’s motion to dismiss pursuant to the
doctrine of qualified immunity is...
...to exercise his rights there and everything, but we also have rights
to do our job.” Officer Pini did not find any drugs in the car.
Johnson was taken to the Pasco County Jail and charged
with a violation of Florida Statute § 843.02, Resisting Officer With-
out Violence to His or Her Person....
...as “clearly estab-
lished” at the time of the violation. T.R. ex rel. Brock v. Lamar Cnty.
Bd. of Educ., 25 F.4th 877, 882–83 (11th Cir. 2022).
Officer Dunn arrested Johnson for violating Florida Statute
§ 843.02, which states that “[w]hoever shall resist, obstruct, or op-
pose any officer ....
...engaged in “the lawful execution of any legal duty” when he re-
quired Johnson to reveal his identity, or 2) that he, Johnson, was not
“resist[ing], obstruct[ing], or oppos[ing] any officer” under our in-
terpretation of § 843.02....
...tional safeguard. Because the Supreme Court has never carved out
this deep of an exception, neither should we. Second, Johnson did
not “resist, obstruct, or oppose” Officer Dunn under this court’s
interpretation of Florida Statute § 843.02....
...In addition, this court must consider whether the
mere refusal to provide one’s name to police officers while they in-
vestigate the conduct of another amounts to “resistance” or “ob-
struction” under Florida Statute § 843.02....
...Lawful Execution of Any Legal Duty
Officer Dunn arrested Johnson for declining to provide his
name as a passenger at a routine traffic stop. For Officer Dunn to
have probable cause to make this arrest under Florida Statute
§ 843.02, he must have been engaged in the “lawful execution of
any legal duty” when he required Johnson to disclose his identity.
The question, then, is whether it was lawful for Officer Dunn, ab-
sent any reasonable sus...
...cer
Dunn to require the disclosure of Johnson’s identity absent reasona-
ble suspicion of wrongdoing. Consequently, Officer Dunn was not
engaged “in the lawful execution of [a] legal duty” under Florida
Statute § 843.02 and lacked probable cause to arrest Johnson....
...identify himself was not made lawful through reasonable suspicion
or officer-safety concerns, and therefore, Johnson committed no
crime by refusing to comply. As a result, there was no probable
cause to believe that Johnson had violated Florida Statute § 843.02.
C....
...Resist, Obstruct, or Oppose
As a refresher, the statute under which Johnson was arrested
makes it a crime to “resist, obstruct, or oppose any officer . . . in the
lawful execution of any legal duty, without offering or doing vio-
lence to the person of the officer.” Fla. Stat. § 843.02....
...or obstruc-
tion of a nearby investigation unrelated to that demand. I would
conclude that it cannot. Reviewing our caselaw, it is clear to me
that “mere words” do not constitute obstruction under Florida
Statute § 843.02....
...aranteed
by our Constitution.
For years, we have recognized that verbal interruptions and
inquiries as to an officer’s purpose cannot, on their own, justify
probable cause for an arrest under Florida Statute § 843.02....
...provide prob-
able cause for resisting without violence.” Alston v. Swarbrick,
954
F.3d 1312, 1319 (11th Cir. 2020). In doing so, we found that a de-
fendant officer lacked probable cause for making an arrest under
§
843.02 where the arrestee “merely declined to cooperate or pro-
vide useful information” concerning an officer’s investigation into
someone else....
...and accurate, Officer Dunn nonetheless arrested Johnson for ob-
structing an officer without violence. But absent some hinderance
beyond mere words, Officer Dunn lacked probable cause to make
this arrest under our interpretation of § 843.02....
...6 Because Officer
Dunn lacked probable cause, his arrest of Johnson violated John-
son’s constitutional rights.
IV.
Having concluded that Officer Dunn violated Johnson’s con-
stitutional rights by arresting him under Florida Statute § 843.02
without probable cause, I now consider whether Johnson’s rights
in this situation were clearly established....
...ord suggests that
Johnson did anything to obstruct the officers’ investigation into the license
plate and their later fruitless drug search. See Alston,
954 F.3d at 1319 (noting
that that probable cause for an arrest under §
843.02 does not exist when some-
one “merely decline[s] to cooperate or provide useful information” and does
not “physically obstruct [an officer’s] path or otherwise prevent him from con-
ducting his investigation...
...Here, if
Johnson’s rights were not “clearly established,” then Officer Dunn
had arguable probable cause to make the arrest.
In my opinion, it was clearly established that Officer Dunn’s
arrest of Johnson under Florida Statute § 843.02 violated Johnson’s
Fourth Amendment rights....
...At the time of Johnson’s arrest, a string
of controlling cases made clear that police officers may not require
identification absent reasonable suspicion of criminality and that
“mere words” do not constitute obstruction of officers performing
their legal duties under § 843.02....
...constitutional is that this court has found, as far back as “[June 2011]
it was clearly established that . . . ‘mere words’ [do] not suffice to
provide probable cause for resisting without violence” under Flor-
ida Statute § 843.02....
...We have also found
that by 2011 it was clearly established that, absent some other form
of obstruction, simply declining to cooperate or provide useful in-
formation cannot support even arguable probable cause for an ar-
rest under § 843.02. Id. So here, in August 2018, Officer Dunn
lacked even arguable probable cause to arrest Johnson under
§ 843.02 given that 1) the officers were investigating a traffic offense
for which Johnson was not a suspect, 2) Johnson merely explained
his rights and declined to provide his name, 3) Officer Ramos told
Johnson’s father...
...reasonably justify such an intrusion. Further, I would hold that at
the time of the arrest, it was clearly established that “mere words”
do not constitute obstruction or resistance of an officer under Flor-
ida Statute § 843.02. Therefore, in my view, Officer Dunn lacked
actual and arguable probable cause to arrest Johnson under
§ 843.02....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2378, 1985 Fla. App. LEXIS 16339
resisting arrest without violence, a misdemeanor, section
843.02, Florida Statutes (1983). Standard sentence
CopyPublished | Court of Appeals for the Eleventh Circuit
...ourth Amendment, but the district
court rejected his claim.3 In particular, the court reasoned that when Bailey
retreated into his house, he at least arguably obstructed Swindell in the lawful
exercise of his duty, and thereby violated Fla. Stat. § 843.02, which makes
resisting an officer without violence a first-degree misdemeanor....
...In that circumstance, what we have called “arguable
probable cause” suffices to trigger qualified immunity. Skop,
485 F.3d at 1137. 5
Swindell contends, and the district court held, “that Deputy Swindell had
arguable probable cause to arrest Bailey for violating Fla. Stat. §
843.02.” We
needn’t decide whether the district court was correct in so holding because we
ultimately conclude that Bailey’s arrest was effectuated inside Bailey’s home
5
Some of our decisions have erroneously suggested that the “a...
...oral argument—and with good reason, as the circumstances here posed no risk that
any evidence would be destroyed. Indeed, with respect to the charge for which
Bailey was arrested—resisting Swindell’s initial effort to detain him, in violation
of Fla. Stat. § 843.02—there wasn’t any physical evidence; rather, all relevant
evidence existed in the minds of Swindell, Bailey, Evelyn, and Jeremy.7
Because Swindell can point to no exigency, he violated the Fourth
Amendment when he crossed th...
CopyPublished | Court of Appeals for the Eleventh Circuit
...§
316.192(1); (3) leaving the scene of
an accident involving property damage, in violation of Fla. Stat. §
316.061(1);
(4) driving with a suspended license, in violation of Fla Stat. §
322.34(2)(a);
(5) resisting an officer without violence, in violation of Fla. Stat. §
843.02;
(6) aggravated assault on a law enforcement officer, in violation of Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 24156
...State, supra, this court reversed an adjudication of delinquency for failure to give the juvenile an opportunity to explain his presence or conduct after flight. The conduct com *602 plained of to support the charge of resisting arrest without violence in violation of Section 843.02 Florida Statutes (1981) was that the juvenile gave the arresting officer a false name. This act occurred subsequent to the arrest and therefore could not constitute resisting arrest without violence in violation of Section 843.02 Florida Statutes (1981). Furthermore, we question whether such an act would constitute a crime under Section 843.02 Florida Statutes (1981)....
CopyPublished | Florida 3rd District Court of Appeal
...State must prove: (1) the officer was engaged in the lawful execution of a
legal duty; and (2) the actions of the defendant obstructed, resisted, or
opposed the officer in the performance of that legal duty.” S.L. v. State,
96
So. 3d 1080, 1085 (Fla. 3d DCA 2012); see also §
843.02, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 16097
GODERICH, Judge. A petition for delinquency was filed against H.A.P., a juvenile, alleging that he unlawfully resisted, obstructed or opposed law enforcement officers in the lawful execution of a legal duty without violence, in violation of section 843.02, Florida Statutes (2002)....
...This appeal followed. H.A.P. contends that the trial court erred by denying his motions for judgment of acquittal where his actions, the use of profanity and refusal to obey the police officers’ orders to leave a public place, were not punishable conduct under section 843.02, Florida Statutes (2002). We disagree. In order to establish a violation of section 843.02, the State is required to establish that: “(1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of the lawful duty.” Slydell v....
...H.A.P.’s defiance resulted in the police delaying the execution of the narcotics search warrant. Thus, H.A.P.’s actions constituted an obstruction or resistance of a law enforcement officer’s lawful duty, and therefore, the trial court properly found that H.A.P. violated section
843.02, Florida Statute (2002). We agree with the State that, based on Wilkerson v. State,
556 So.2d 453 (Fla. 1st DCA), review denied,
564 So.2d 1088 (Fla.1990), the trial court properly found that H.A.P. violated section
843.02....
...A deputy officer then ordered the defendant to leave the area because she was “interfering with their efforts to make the arrests.” Wilkerson,
556 So.2d at 454 . After she refused to do so, the defendant was arrested and charged with violating section
843.02, Florida Statutes....
...Rather, H.A.P. was arrested because his actions interfered with the law enforcement officers’ execution of the search warrant. See Wilkerson,
556 So.2d at 456 (“Although a person’s speech may at times be implicated incidentally in the enforcement of [section
843.02, Florida Statutes], its plainly legitimate sweep is to reach conduct that physically obstructs or opposes an officer in the performance of lawful duties.”) As such, we affirm the order under review....
CopyPublished | Court of Appeals for the Eleventh Circuit
...The obstruction charge was later
dismissed. According to Baxter, after the December 24, 2017
incident, Deputy Lee twice pulled his squad car up behind Baxter,
turned his lights on as if to pull Baxter over, but then just “cruis[ed]
on by.”
6
Fla. Stat. § 843.02 provides:
Whoever shall resist, obstruct, or oppose any officer ....
... USCA11 Case: 21-11428 Date Filed: 11/30/2022 Page: 39 of 58
21-11428 Opinion of the Court 39
offering or doing violence to the person of the officer,
shall be guilty of a misdemeanor of the first degree.
Fla. Stat. § 843.02....
...Deputy Lee therefore lacked probable cause for the arrest.
Florida’s obstruction statute makes clear that a citizen commits an
obstruction offense only if his resistance is in response to the
officer’s “lawful execution of a legal duty.” Fla. Stat. § 843.02....
...reasonable officer in Deputy Lee’s position on notice that he could
not arrest Baxter for obstruction. While Florida’s obstruction
statute sets out the baseline—i.e., that the officer be engaged in the
“lawful execution of [a] legal duty,” Fla. Stat. §
843.02—that
formulation is far too general to have clearly established Baxter’s
rights in this unique situation.
Third, this is not the rare case where a constitutional
violation is “so egregious” that it is clear “even in the total absence
of case law.” Lewis,
561 F.3d at 1292....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 19908
LaROSE, Judge. J.R.P. appeals his delinquency adjudication and sentence of probation for obstructing a law enforcement officer. See § 843.02, Fla....
...The officer detained J.R.P. solely on the unfounded suspicion that he had robbed the convenience store. On the record before us, J.R.P.’s conduct did not constitute the crime of resisting an officer. Reversed. WHATLEY and CASANUEVA, JJ., Concur. . 843.02....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2514, 1984 Fla. App. LEXIS 16415
...Petersburg Police Department, Pinellas County, Florida, while in the lawful execution of a legal duty which consisted of investigating a traffic offense, without offering or doing violence to the person of the officer, to-wit [sic]: by switching seating positions in an automobile; contrary to Chapter 843.02/777.04[,] Florida Statutes.......
...The holding in McAbee was predicated upon the well-settled principle that when the definition of an offense charged includes the attempt to commit that act, there can be no separate crime of attempt. State v. Thomas,
362 So.2d 1348 (Fla.1978). With respect to section
843.02, 2 however, such is not the case. The key language of the provision, “without offering or doing violence,” merely abolishes the use of violence as an element of the offense, thus indicating the legislature’s intent that resisting arrest under
843.02 constitutes a separate and distinct crime from that provided in section
843.01....
...Therefore, we hold that the crime of attempted resisting arrest without violence does exist in Florida. Accordingly, we grant the petition for writ of certiorari and remand the cause to *452 the circuit court for appropriate review of the trial court’s finding that respondent’s actions did not constitute a violation of section 843.02....
...dings consistent with this opinion. RYDER, C.J., and DANAHY, J., concur. . The motion to dismiss was not filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), although the record indicates the trial court apparently treated it as such. . 843.02 Resisting officer without violence to his person....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 930, 2008 Fla. LEXIS 2277, 2008 WL 4998953
...“Offering” to do violence means threatening to do violence. *853 Walker v. State,
965 So.2d 1281 (Fla. 2nd DCA 2007). Lesser Included Offenses RESISTING OFFICER WITH VIOLENCE —
843.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Resisting officer without violence
843.02 21.2 Comment This instruction was adopted in 1981 and amended in 1995 and 2008. 21.2 RESISTING OFFICER WITHOUT VIOLENCE §
843.02, Fla....
...In giving this instruction, refer only to the-type of duty or legal process that was being performed, e.g-.-■ making an arrest^ serving a subpoena, serving--a domestic violence order . See Hierro v. State,
608 So.2d 912 (Fla. 3d DCA 1992). *854 Lesser Included Offenses RESISTING OFFICER WITHOUT VIOLENCE —
843.02 CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Florida 2nd District Court of Appeal
...State,
761 So.
2d 1154, 1158-59 (Fla. 2d DCA 2000); see also Agee v. State,
522 So. 2d 1044, 1046
2K.T.B.'s appeal raises no issue concerning the separate withhold of
adjudication of obstructing or resisting an officer without violence under section
843.02,
Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2711, 1989 Fla. App. LEXIS 6442, 1989 WL 139520
COBB, Judge. The defendant was convicted of grand theft in violation of sections
812.014(1), (2)(b), 1 Florida Statutes (1987), and of resisting a law enforcement officer without violence pursuant to section
843.02, Florida Statutes (1987)....
CopyPublished | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2573, 1985 Fla. App. LEXIS 5935
...Immediately thereafter, and while still at the scene of the initial stop, the appellant admitted his falsehood and gave the officer his true legal name. The officer then arrested appellant for opposing a law enforcement officer without violence, in violation of § 843.02, Fla.Stat....
...fere with the officer’s performance of his duties other than by .causing a relatively insignificant loss of time. The amended order of disposition finding that appellant committed the offense of opposing a law enforcement officer without violence (§ 843.02, Fla.Stat.) is reversed....
CopyPublished | Florida 4th District Court of Appeal | 1976 Fla. App. LEXIS 15653
...DMAN, Acting Chief Judge. Appellant, a minor, was stopped by a police officer and cited for not wearing a protective face shield on his helmet while driving a motorcycle. He was also charged with resisting an officer without violence in violation of Section 843.02, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17240
...r without violence: “(1) the officer was engaged in the lawful execution of a legal duty and (2) the defendant’s action constituted obstruction or resistance of that lawful duty.” C.W. v. State,
76 So.3d 1093, 1095 (Fla. 3d DCA 2011); see also §
843.02, Fla....
...State,
903 So.2d 390, 391 (Fla. 3d DCA 2005) (“[T]he crime of resisting an officer without violence requires proof that the arrest was lawful.”). “The legality of an arrest is an essential element of the charge of resisting arrest without violence under section
843.02.......
CopyPublished | Florida 2nd District Court of Appeal
So. 3d 1093, 1095 (Fla. 3d DCA 2011); see also §
843.02, Fla. Stat. (2014); B.D.H. v. State,
903 So. 2d
CopyPublished | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 2680, 1989 Fla. App. LEXIS 6410, 1989 WL 137749
...We find that the court had the authority to *302 suspend the appellant’s driving privileges, but erred by suspending those privileges for two years. The appellant was charged with, and found guilty of, committing the delinquent act of resisting arrest without violence. § 843.02, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
...was required to wear protective eyewear.
At the police officer’s approach, W. B. jumped off the scooter and fled from
the officer on foot. Eventually, the officer apprehended W.B. at a nearby
intersection.
W.B. was charged with resisting arrest without violence in violation of
section 843.02 of the Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 4862548
...Before WELLS, SHEPHERD, and ROTHENBERG, JJ. ROTHENBERG, J. M.J., a juvenile, appeals his adjudication of delinquency for resisting an officer without violence. We affirm. M.J. was charged by petition of delinquency with resisting an officer without violence, § 843.02, Fla....
...holding in Crawford v. Washington,
541 U.S. 36,
124 S.Ct. 1354,
158 L.Ed.2d 177 (2004). M.J. argues that without this evidence, the State failed to establish that Officer Milian was engaged in the lawful execution of a legal duty, [2] as required by section
843.02....
...Based upon the evidence presented, the State established that Officer Milian was engaged in the lawful execution of a legal duty (the investigation of a criminal offense that Officer Milian had a reasonable suspicion to believe M.J. had committed). We, therefore, affirm the adjudication of delinquency. Affirmed. NOTES [1] Section 843.02 provides: Resisting officer without violence to his or her person....
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 17260
ROTHENBERG, J. M.J., a juvenile, appeals his adjudication of delinquency for resisting an officer without violence. We affirm. M.J. was charged by petition of delinquency with resisting an officer without violence, § 843.02, Fla....
...holding in Crawford v. Washington,
541 U.S. 36 ,
124 S.Ct. 1354 ,
158 L.Ed.2d 177 (2004). M.J. argues that without this evidence, the State failed to establish that Officer Milian was engaged in the lawful execution of a legal duty, 2 as required by section
843.02....
...Based upon the evidence presented, the State established that Officer Milian was engaged in the lawful execution of a legal duty (the investigation of a criminal offense that Officer Milian had a reasonable suspicion to believe M.J. had committed). We, therefore, affirm the adjudication of delinquency. Affirmed. . Section 843.02 provides: Resisting officer without violence to his or her person....
CopyPublished | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 14263, 1998 WL 821831
PER CURIAM. Viewing the evidence adduced below in the light most favorable to the state, we conclude that it was sufficient to set forth a prima facie case for the offense of resisting, obstructing or opposing an officer without violence. See § 843.02, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 7121, 2007 WL 1342481
...Courts should not grant a motion for judgment of acquittal unless the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law. Fitzpatrick v. State,
900 So.2d 495, 507 (Fla.2005). Jones is charged with violating section
843.02, Florida Statutes (2005), which provides: Whoever shall resist, obstruct, or oppose any officer ......
...or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree ... § 843.02, Fla. Stat. (2005). To support a conviction under section 843.02 for resisting an officer without violence, the State must show: (1) the officer was engaged in the lawful execution of a legal duty and (2) the action by the defendant constituted obstruction or resistance of that lawful duty....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 6889, 2003 WL 21032037
...ear legislative expression in intent to treat battery on a law enforcement officer as a felony. AFFIRMED. GRIFFIN and SAWAYA, JJ„ concur. . §
775.084, Florida Statutes (1999). . §
784.07(2)(b), Fla. Stat. (1999). . §
843.01, Fla. Stat (1999). . §
843.02, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3114, 1990 WL 58575
PER CURIAM. Affirmed. On appeal appellant challenges section 843.02, Florida Statutes (1987), as being facially unconstitutional....
...785 ,
50 L.Ed.2d 777 (1977). We distinguish City of Houston v. Hill,
482 U.S. 451 ,
107 S.Ct. 2502 ,
96 L.Ed.2d 398 (1987), because the Supreme Court found that the enforceable portion of the challenged Houston ordinance dealt exclusively with speech, whereas section
843.02, Florida Statutes (1987), encompasses both speech and conduct. In fact, appellant was convicted under section
843.02 exclusively for his physical conduct, not for any verbal obstruction of police....
CopyPublished | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 44962, 2010 WL 1851456
..."Whether an arresting officer possesses probable cause or arguable probable cause naturally depends on the elements of the alleged crime." Skop,
485 F.3d at 1137 (citing Crosby v. Monroe County,
394 F.3d 1328, 1333 (11th Cir. 2004)). Here, Plaintiff was arrested for violating section
843.02, Florida Statutes"Resisting officer without violence to his or her person." This statute provides that it is a first-degree misdemeanor for anyone to "resist, obstruct, or oppose any [law enforcement officer] ....
...44) filed by Defendants Ziehl and Milligan is GRANTED in part and DENIED in part. The motion is GRANTED as to Count VIII and is DENIED as to Count II. NOTES [1] The City also filed a motion for summary judgment (Doc. 45). It was granted in a prior Order (Doc. 65). [2] § 843.02, Fla....
CopyPublished | Florida 4th District Court of Appeal
...It is a matter of law for the
court; an appellate court is not bound by the trial court’s legal conclusions.
Dockery,
676 So. 2d at 474.
The issue then is whether law enforcement had probable cause to arrest the
plaintiff for obstruction without violence under section
843.02, Florida Statutes
(2019).
Section
843.02 provides: “Whoever shall resist, obstruct, or oppose any
officer . . . in the execution of legal process or in the lawful execution of any
legal duty, without offering or doing violence to the person of the officer shall be
guilty of a misdemeanor. . . .” §
843.02, Fla....
...The crime
requires proof of two elements: (1) the officer was engaged in the lawful execution
of a legal duty; and (2) the action by the accused constituted obstruction or
resistance of that legal duty. Jay v. State,
731 So. 2d 774, 775 (Fla. 4th DCA
1999).
The plaintiff argues that she did not violate section
843.02 because “her
conduct was limited to a verbal exchange with the police” and “she in no way
physically obstructed or impeded the police’s detention of her son....
...court erred in finding that the police
officers had probable cause to arrest her for intercepting oral communications
in violation of the wiretap statute, section
934.03, Florida Statutes (2009), and
for obstructing without violence in violation of section
843.02, Florida Statutes
(2009)....
...of the
wiretap statute. The court erred in entering summary judgment on this ground.
Whether the officers had probable cause to arrest Ford
for violation of Florida’s obstruction without violence statute,
section 843.02, Florida Statutes.
16
From a review of appellant’s video recording, the trial court also concluded
that the officer had probable cause to arrest appellant for obstruction without
violence. Section 843.02, Florida Statutes (2009), titled “Resisting officer without
violence to his or her person,” provides:
Whoever shall resist, obstruct, or oppose any officer ....
...combination thereof, constituted obstruction or resistance of that lawful duty.”
C.E.L. v. State,
24 So. 3d 1181, 1185–86 (Fla. 2009) (citations omitted).
“With limited exceptions, physical conduct must accompany offensive words
to support a conviction under [section
843.02].” W.W....
...1st DCA 1990) (holding that
defendant obstructed officers not by simply yelling and cursing at them, but by
refusing to leave an area where the police were attempting to make arrests). For
example, in W.W., we reversed a defendant’s conviction under section 843.02,
where the defendant lied to an officer about a suspect’s whereabouts during the
officer’s search for the suspect but “did not physically impede the deputy’s
investigation.” 993 So....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 6524, 2005 WL 1026187
...ad the requisite knowledge and understanding, allowing him to be convicted of escape. See State v. Ramsey,
475 So.2d 671 (Fla.1985); Thomas; Johnson v. State,
536 So.2d 1045, 1046 (Fla. 1st DCA 1988). Resisting arrest without violence is governed by section
843.02, Florida Statutes, which requires the defendant to resist, obstruct, or oppose an officer in the lawful execution of a legal duty, without offering or doing violence....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 5525
RYDER, Judge. M.M. challenges the trial court’s order finding her guilty and withholding adjudication for resisting an officer without violence in violation of section 843.02, Florida Statutes (1993)....
CopyPublished | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 5862
...this offense. The state filed a delinquency petition charging L.F. with one count of criminal mischief, in violation of section
806.13(l)(b)3, Florida Statutes (1993), one count of obstructing or opposing an officer without violence, in violation of section
843.02, Florida Statutes (1993), and one count of grand theft of a motor vehicle, in violation of section
812.014(2)(c)4, Florida Statutes (1993)....
CopyPublished | Florida 4th District Court of Appeal
...In his confession, appellant admitted being confronted by
the officer. She told him not to move and to show his hands. He complied
momentarily and then ran. At that point, he committed the crime of
resisting arrest, regardless of the ensuing chase. See § 843.02, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 8079, 2006 WL 1409897
...Under Florida Rule of Juvenile Procedure 8.090(a), the state was required to commence the trial of the defendant no later than July 11, 2005. An adjudicatory hearing was set for June 22, 2005. On April 22, 2005, the state filed a petition for delinquency alleging one count of resisting arrest without violence under section 843.02, Florida Statutes, a misdemeanor....
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 13405
...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)....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4775, 1991 WL 85524
PER CURIAM. Appellant was convicted under section 843.02, Florida Statutes, resisting arrest without violence, a second-degree misdemeanor; and section 843.025, Florida Statutes, depriving an officer of means of protection, a third-degree felony....
...Section
775.082(3)(d), Florida Statutes, states that the maximum penalty for a third-degree felony is five years’ imprisonment. Thus, the sentence imposed by the trial judge exceeds the statutory maximum. Additionally, the sentencing guidelines scoresheet was incorrectly calculated. The conviction, pursuant to section
843.02, Florida Statutes, was assessed as a felony; it is actually a misdemeanor....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 6413, 1999 WL 312234
PER CURIAM. D.R.E. appeals the trial court’s order which adjudicated him delinquent for obstructing or opposing an officer without violence in violation of section 843.02, Florida Statutes (1997). We affirm. D.R.E. argues that the State failed to prove a prima facie case of violation of section 843.02 because issuing a trespass warning is not a legal duty....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 5489
...On February 1, 1996, the State filed a petition charging I.Y.D. with committing two delinquent acts on January 20, 1996: felony petit theft, in violation of section
812.014, Florida Statutes (1995), and resisting arrest without violence, in violation of section
843.02, Florida Statutes (1995)....
...e probable cause to make a warrantless arrest. See State v. Evans,
692 So.2d 216, 218 (Fla. 4th DCA 1997). Resisting arrest without violence requires that the officer be in the lawful execution of his duties at the time of the alleged resisting. See §
843.02, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1996 Fla. App. LEXIS 4769, 1996 WL 252247
...The state charged defendant -with resisting an officer with violence, in violation of section
843.01, Florida Statutes (1993). At the charge conference, defendant requested a jury instruction on the lesser included offense of resisting an officer without violence. See §
843.02, Fla.Stat....
...iolence is a permissive lesser included offense or a necessarily lesser included offense. . The Fifth District Court of Appeal has recently certified the following question as one of great public importance: IS RESISTING AN OFFICER'WITHOUT VIOLENCE (Section
843.02) A LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE (Section
843.01)? Espinosa v....
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 2184, 1996 WL 98686
...oof and the conviction cannot stand. 3 We reverse the conviction but again, for the same reasons expressed in Foreshaw , certify the following question to the supreme court as one of great public importance: IS RESISTING AN OFFICER WITHOUT VIOLENCE (Section
843.02) A LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE (Section
843.01)? REVERSED....
...Our problem with this statement is that in most cases, as in this one, the jury charge merely tracks the statute and alleges that the officer was engaged "in the lawful execution of a legal duty to-wit ...” If this language in section
843.01 does not require proof of a lawful arrest, then how does the same language in section
843.02 require it? And if this language in the information does not require proof of a legal arrest then how can the charging document possibly be considered to have alleged all the essential elements of resisting without violence? If all ess...
CopyPublished | Florida 3rd District Court of Appeal
...Thomas was brought before the felony trial
court judge, who did revoke his pretrial release on the pending felony, based
upon a finding of probable cause to believe Thomas committed the crimes
of disorderly conduct and resisting an officer without violence.
2
officer without violence (section 843.02, Florida Statutes (2025))....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 3728, 2012 WL 716043
...obtained directly or indirectly through the exploitation of the police illegality."). Lastly, since the detention was illegal, the detective was not engaged in the "lawful" execution of a legal duty so as to support the resisting without violence conviction. See § 843.02, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ted: §
316.061(1) (leaving the scene of an
accident); §
316.130(18) (walking on a limited access facility or a ramp connecting a limited
access facility to any other street or highway); §
316.072(3) (failure to obey commands of police
officials); §
843.02 (resisting an officer without violence to his person); §
843.01 (resisting an
officer with violence to his person); and §
784.045(1)(a)(1) (aggravated battery).
12
In addition to the video, Plaintiff relies on a few othe...
CopyPublished | Florida 3rd District Court of Appeal | 2012 WL 1020004, 2012 Fla. App. LEXIS 4780
ROTHENBERG, J. T.D., a juvenile, appeals from an adjudication of delinquency for resisting an officer without violence, in violation of section 848.02, Florida Statutes (2010). To support a conviction for resisting an officer without violence under section 843.02, the State must prove: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the defendant’s actions, by his words, conduct, or a combination thereof, constitute obstruction or resistance of the lawful execution of a legal duty....
CopyPublished | Court of Appeals for the Eleventh Circuit
...26/2020 Page: 5 of 16
Alston laid on the ground, screaming and yelling, with his hands still restrained.
Swarbrick then pulled Alston off the ground and “re-arrested” him for resisting an
officer without violence under Florida Statute § 843.02....
...he had probable cause to arrest Alston for
resisting an officer without violence, claiming that Alston impeded his lawful
investigation of the incident involving Q.D.B. A conviction for resisting an officer
without violence under Florida Statute § 843.02 requires that “(1) the officer was
9
Case: 18-10791 Date Filed: 03/26/2020 Page: 10 of 16
engaged in the lawful execution of a legal duty; and, (2) the actions of th...
...See id. at
765. Alston merely declined to cooperate or provide useful information. His
failure to answer Officer Swarbrick’s questions—and even his profanity-laced
response—were not even arguably sufficient to support probable cause under
§ 843.02....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 2338, 2001 WL 201916
HARRIS, J. The issue in this case is whether section 843.02, Florida Statutes, which requires that one not “resist, obstruct, or oppose any officer ......
CopyPublished | Florida 5th District Court of Appeal
activated commits a felony of the third degree.” Section
843.02, Florida Statutes (2014), provides that it
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 2945, 2000 WL 282748
...We accept this suggestion and vacate the conviction and sentence on count II and remand this matter to the trial court for resentencing on the remaining counts. AFFIRMED in part; REVERSED in part; REMANDED. DAUKSCH, J., concurs. HARRIS, J., dissents, with opinion. . § 843.02, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 2950, 2000 WL 282322
...AFFIRMED. PETERSON and GRIFFIN, JJ., concur. . §
893.13(l)(a)(l), Fla. Stat. (1997). . §
893.03(2)(a)(4), Fla. Stat. (1997). . §
893.13(6)(a), Fla. Stat. (1997). . §
784.07(2)(b),
784.07(3), Fla. Stat. (1997). . §
843.01, Fla. Stat. (1997). . §
843.02, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2000 WL 276056
...2d DCA 1998), in which the officers attempted to stop the defendant for operating a bicycle without lights after dark, but he ran. When the officers caught up with him, they arrested him for obstructing them in the performance of their legal duty, see section 843.02, Florida Statutes (1997), and the second district upheld a search in connection with the arrest....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 1874, 1994 WL 72529
...(1991); Counts III and IV, §
893.13(1)©, Fla. Stat. (1991). . Count I, §
893.13(1)(a)1, Fla.Stat. (1991); Count II, §
893.13(1)(f) Fla.Stat. (1991). . Count I, §
893.13(1)© Fla.Stat. (1991); Count II, §§
784.03,
784.07(1) &
784.07(2)(b), Fla.Stat. (1991); Count III, §
843.02, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal
...2d 308, 310 (Fla.
2d DCA 2003)).
To prove the crime of resisting an officer without violence, the State must
prove (1) that the officer was lawfully executing a legal duty and (2) that the defendant
acted in such a way as to obstruct or resist the execution of the officer's duty. § 843.02,
Fla....
...State,
559 So. 2d 413, 414 (Fla. 2d DCA 1990).
At bottom, the detective did not articulate a reasonable and well-founded
suspicion that B.M. had committed a crime so as to conduct an investigatory stop.
Accordingly, B.M. did not violate section
843.02 by defying the detective's order to stop.
See M.M.H., 929 So....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 3154, 1993 WL 64548
...lated section
843.03, Florida Statutes (1991). We remand this cause to the trial court with instructions to correct the judgment and probation order to show a jury found appellant guilty and to correct Count II of the judgment to reflect he violated section
843.02, Florida Statutes (1991)....
CopyPublished | Florida 4th District Court of Appeal
...See Hayes v. State,
803 So. 2d
695, 699–705 (Fla. 2001).
Lawful Execution of a Legal Duty of the Officers
6
“To prove the offense of resisting an officer without violence [pursuant
to section
843.02, Florida Statutes (2020)], the State had to present
evidence: (1) that [Officer Ardon and Officer Elliott] w[ere] engaged in the
lawful execution of a legal duty and (2) that [appellant]’s actions
constituted obstruction or resistance of that duty.” Lu Jing v. State,
316
So. 3d 724, 730 (Fla. 4th DCA 2021) (citations omitted). “The threshold
for establishing the commission of an offense under [section
843.02] is
that the officer be in the ‘lawful execution’ of a ‘legal duty.’” C.E.L....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1753, 1996 WL 86204
...legally and not incident to a lawful arrest. Defendant also moved to dismiss the charge of Resisting Without Violence on the grounds Defendant’s conduct was protected free speech and not the kind of unlawful conduct contemplated by Florida Statute 843.02....
CopyPublished | Court of Appeals for the Eleventh Circuit
...s of the struggle
suggest, those bad, but irrelevant, facts should not lead us to an inaccurate application of
precedent.
7
Ms. Coffin was charged with the misdemeanor of obstruction of justice without violence
under Fla. Stat. Ann. § 843.02....
...§
784.07(2)(b) and §
784.03(1);
resisting an officer with violence under Fla. Stat. Ann. §
843.01; two counts of use of a weapon
on a law enforcement officer under Fla. Stat. Ann. §
790.054; and depriving an officer of means
of protection or communication under Fla. Stat. Ann. §
843.025. Because the Deputies lacked a
warrant for Mr. Coffin’s arrest, these charges, with the exception of the §
843.025 charge, were
7
We are no longer required to follow the two-step process once mandated by
Saucier v....
...See Lee v.
Ferraro,
284 F.3d 1188, 1195 (11th Cir. 2002). We easily conclude that the
Deputies had ample probable cause to arrest Ms. Coffin for misdemeanor
dropped. On March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six
days’ confinement. Meanwhile, the §
843.02 charge against Ms....
...Coffin, and, thus, they had probable cause
to arrest her for obstruction of justice, setting aside for the moment any Fourth
Amendment implications arising from the Deputies’ entry into the garage, as noted
in the next paragraph.12 Obstruction of service of process is a misdemeanor
offense. Fla. Stat. Ann. § 843.02.13 The obstruction occurred in the presence of the
12
The dissent properly points out that the occupants of a house are free to deny an
officer’s request to enter their home, and are free to talk to the officers through a closed door.
Dissenting Op....
...Tobin,
923 F.2d 1506, 1512 (11th Cir. 1991) (en banc)). However, the dissent
overlooks the fact that the Deputies here did not enter the home; rather, they entered an open
garage to access and knock on the visible door to the kitchen.
13
Fla. Stat. Ann. §
843.02 provides: “Whoever shall resist, obstruct, or oppose any officer
....
...once to leave the property, the Florida statute required that they serve the legal
process personally. See discussion in Part II. Finally, the Deputies reasonably
believed that Ms. Coffin was resisting service of legal process, a misdemeanor
under Florida law, see Fla. Stat. Ann. § 843.02, which occurred in the presence of
the officers, thus arguably triggering the Florida statute authorizing the officers to
make an immediate arrest....
...The majority reaches the untenable conclusion that Mrs. Coffin reasonably appeared to
obstruct justice merely by failing to open the front door of her house. Maj. Op. at 13-14. But
“[t]he threshold for establishing the commission of [obstruction] under [§ 843.02, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...s of the struggle
suggest, those bad, but irrelevant, facts should not lead us to an inaccurate application of
precedent.
7
Ms. Coffin was charged with the misdemeanor of obstruction of justice without violence
under Fla. Stat. Ann. § 843.02....
...§
784.07(2)(b) and §
784.03(1);
resisting an officer with violence under Fla. Stat. Ann. §
843.01; two counts of use of a weapon
on a law enforcement officer under Fla. Stat. Ann. §
790.054; and depriving an officer of means
of protection or communication under Fla. Stat. Ann. §
843.025. Because the Deputies lacked a
warrant for Mr. Coffin’s arrest, these charges, with the exception of the §
843.025 charge, were
7
We are no longer required to follow the two-step process once mandated by
Saucier v....
...See Lee v.
Ferraro,
284 F.3d 1188, 1195 (11th Cir. 2002). We easily conclude that the
Deputies had ample probable cause to arrest Ms. Coffin for misdemeanor
dropped. On March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six
days’ confinement. Meanwhile, the §
843.02 charge against Ms....
...Coffin, and, thus, they had probable cause
to arrest her for obstruction of justice, setting aside for the moment any Fourth
Amendment implications arising from the Deputies’ entry into the garage, as noted
in the next paragraph.12 Obstruction of service of process is a misdemeanor
offense. Fla. Stat. Ann. § 843.02.13 The obstruction occurred in the presence of the
12
The dissent properly points out that the occupants of a house are free to deny an
officer’s request to enter their home, and are free to talk to the officers through a closed door.
Dissenting Op....
...Tobin,
923 F.2d 1506, 1512 (11th Cir. 1991) (en banc)). However, the dissent
overlooks the fact that the Deputies here did not enter the home; rather, they entered an open
garage to access and knock on the visible door to the kitchen.
13
Fla. Stat. Ann. §
843.02 provides: “Whoever shall resist, obstruct, or oppose any officer
....
...once to leave the property, the Florida statute required that they serve the legal
process personally. See discussion in Part II. Finally, the Deputies reasonably
believed that Ms. Coffin was resisting service of legal process, a misdemeanor
under Florida law, see Fla. Stat. Ann. § 843.02, which occurred in the presence of
the officers, thus arguably triggering the Florida statute authorizing the officers to
make an immediate arrest....
...The majority reaches the untenable conclusion that Mrs. Coffin reasonably appeared to
obstruct justice merely by failing to open the front door of her house. Maj. Op. at 13-14. But
“[t]he threshold for establishing the commission of [obstruction] under [§ 843.02, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...During the stop, the officer observed a loaded
handgun on top of the passenger seat. Adams was subsequently arrested
and charged with one count of open carrying of a weapon in violation of
section
790.053, Florida Statutes (2022),1 and one count of resisting an
officer without violence in violation of section
843.02, Florida Statutes.
1
Section
790.053(1), Florida Statutes (2022) provides:
Except as otherwise provided by law and in
subsection (2), it is unlawful for any person to
openly carry on or about his or her person any
firearm or electric weapon or device....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 8489, 2009 WL 1771631
...r, who was driving a patrol vehicle with identifying insignia and who had activated the siren and lights, a violation of section
316.1935(2), Florida Statutes (2007) (Count One); and one count of resisting an officer without violence, a violation of section
843.02, Florida Statutes (2007) (Count Two)....
...Likewise, the State presented evidence from which the jury reasonably could conclude that after being ordered to turn off the engine and exit the truck, Appellant willfully continued to resist, oppose, or obstruct the officer by grabbing the steering wheel until he was forced out of his seat. See § 843.02, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2010 WL 2506713
...The question in this juvenile delinquency appeal is whether D.W. was entitled to a *783 judgment of dismissal. Under the circumstances of this case, we conclude that the answer is no. D.W. was charged with a single count of resisting an officer without violence in violation of section 843.02, Florida Statutes (2008)....
...The trial court agreed and denied the motion for judgment of dismissal. We first address the question whether the pickup order should have been introduced into evidence. The State charged D.W. with a crime: resisting an arrest without violence, a first-degree misdemeanor, in violation of section 843.02, Florida Statutes....
...___,
129 S.Ct. 695,
172 L.Ed.2d 496 (2009). That is a different issue. No one contended that there was a Fourth Amendment violation when the officers took D.W. into custody. The only question involved here is what evidence is required to prove a violation of section
843.02 when the defendant is charged with resisting an arrest based on a pickup order....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 12780, 2010 WL 2490977
...It is undisputed that Lutz was not certain that the woman who answered the door was Mrs. Coffin. Her actions that followed, however, gave him reason to believe that she was Mr. Coffin's wife. . Mrs. Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02 ....
...§
784.07 (2)(b) and §
784.03(1); resisting an officer with violence under Fla. Stat. §
843.01 ; two counts of use of a weapon on a law enforcement officer under Fla. Stat. §
790.054 ; and depriving an officer of means of protection or communication under Fla. Stat. §
843.025 . Because the Deputies lacked a warrant for Mr. Coffin's arrest, these charges, with the exception of the §
843.025 charge, were dropped. On March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six days' confinement. Meanwhile, the §
843.02 charge against Mrs....
CopyPublished | Florida 3rd District Court of Appeal
officer without violence, in violation of section
843.02, Florida Statutes (2022). On appeal, he contends
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 2160954, 2012 Fla. App. LEXIS 9719
KHOUZAM, Judge. L.C.G., a minor, was charged with aiding escape in violation of section
843.12, Florida Statutes (2010), but was found guilty of resisting an officer without violence in violation of section
843.02....
CopyPublished | Florida 2nd District Court of Appeal
...D.L.S., a juvenile placed on probation, appeals the withhold of
adjudication of delinquency and the denial of his motion for dismissal. See Fla. R. Juv.
P. 8.110(k). The State charged D.L.S. with obstruction of an officer without violence.
See § 843.02, Fla....
...Even if the officer was engaged in the lawful
performance of a legal duty—dispersing a crowd—he had no founded suspicion to stop
or arrest D.L.S. Thus, because "the arrest itself was unlawful, a prosecution for
resisting arrest without violence under section 843.02, must also fail." Johnson v....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1568, 1988 Fla. App. LEXIS 2926, 1988 WL 67772
...Officer Riley had to place C.W. in hand restraints in order to control him. The arrest form stated that C.W. had been arrested for cruelty to animals in violation of section
828.12, Florida Statutes (1985), and for resisting an officer without violence in contravention of section
843.02, Florida Statutes (1985). 1 The state subsequently filed a petition for delinquency against C.W., charging him with two offenses: resisting Officer Riley in violation of section
843.02 and exhibiting a BB gun “in the presence of one or more persons in a rude, careless, angry or threatening manner” in violation of section
790.10, Florida Statutes (1985)....
...with such a weapon, and the on-the-scene witnesses’ identification of C.W. as having fired the gun. C.W.’s attempted flight obstructed Officer Riley’s performance of his lawful duty. Under these circumstances, the trial court correctly found that C.W. had violated section 843.02....
...spite direction to return could not constitute offense of obstructing officer in the execution of a lawful duty); C.K. v. State,
487 So.2d 93 (Fla. 3d DCA 1986) (same). The adjudication of delinquency is, therefore, Affirmed. . The statute provides:
843.02 Resisting officer without violence to his person....
...n the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. §
843.02, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 3046351, 2012 Fla. App. LEXIS 12214
...that his words alone could not be the basis for the obstruction charge. However, if the deputy was acting in his lawful duty when he attempted to arrest I.M. for trespass, then I.M.’s act of getting on his bicycle and fleeing would constitute obstructing. See § 843.02, Fla....
CopyPublished | Florida 1st District Court of Appeal
...fairly and reasonably infer from the evidence.” D.S.,
106 So. 3d at
993 (quoting Lynch v. State,
293 So. 2d 44, 45 (Fla. 1974)). We
review orders denying such motions de novo. Id.
To be found guilty of resisting an officer without violence
under §
843.02, Florida Statutes (2017), the State must prove that
“(1) the officer was engaged in the lawful execution of a legal duty;
and (2) the defendant’s action, by his words, conduct, or a
combination thereof, constituted obstruction or resistance of that
lawful duty.” C.E.L....
...officer who is engaging in the lawful execution of a legal duty, and
a police officer who is merely on the job.” Id.; Jay v. State,
731 So.
2d 774, 775 (Fla. 4th DCA 1999). To prove the crime, the officer
must be lawfully executing a “legal duty.” §
843.02, Fla....
...the charges of resisting an officer without violence. To prove the
offense, the State was required to show that S.G. “resist[ed],
obstruct[ed] or oppose[d]” the officer’s execution of a legal duty or
process, not merely CHS’s shelter plan for the night. § 843.02, Fla.
Stat....
CopyPublished | Florida 3rd District Court of Appeal
...Zenobi, Regional Counsel, and Kristen Kawass, Assistant
Regional Counsel, for appellant.
Ashley Moody, Attorney General, and Sandra Lipman, Senior
Assistant Attorney General, for appellee.
Before LOGUE, C.J., and SCALES, and MILLER, JJ.
PER CURIAM.
Affirmed. See § 843.02, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 15996
without violence is a first degree misdemeanor. Section
843.02, Florida Statutes (1975). The maximum prison
CopyPublished | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 1713, 1989 Fla. App. LEXIS 4033, 1989 WL 78341
PER CURIAM. The defendant has appealed the judgment of conviction for resisting arrest without violence, a violation of section 843.02, Florida Statutes (1987)....
...As a result of resisting the arrest, he was charged with a violation of section
843.01, Florida Statutes, resisting arrest with violence. At the conclusion of the trial, the court determined that the evidence would support a conviction of a misdemeanor for resisting arrest without violence under section
843.02, Florida Statutes (1987). Under section
843.02 the proof of the legality of an arrest is an essential element of the crime and the prosecution has the burden of establishing this element....
CopyPublished | Florida 2nd District Court of Appeal
...competent substantial evidence, the conviction must be reversed.
III. RESISTING AN OFFICER WITHOUT VIOLENCE
Since Mr. Jones's arrest for disturbing a lawful assembly was
improper, his judgment for resisting an officer without violence must also
be reversed. Section 843.02, Florida Statutes (2023), makes it a
misdemeanor to "resist, obstruct, or oppose any officer ....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 11683, 2012 WL 2914033
...Statutes (2010); evidence tampering, in violation of section
918.13(l)(a), Florida Statutes (2010); possession of marijuana, in violation of section
893.13(6)(a) and (b); and obstruction of a law enforcement officer without violence, in violation of section
843.02, Florida Statutes (2010)....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 8223
...5th DCA 1984). AFFIRMED. COBB, W. SHARP, GOSHORN, HARRIS, PETERSON and ANTOON, JJ., concur. GRIFFIN, C. J., dissents with opinion. THOMPSON, J., dissents with opinion, with which GRIFFIN, C. J., and DAUKSCH, J., concur. ' . §
856.021, Fla. Stat. (1995). . §
843.02, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20547
without violence as a lesser-included offense. §
843.02, Fla.Stat. (1981). We reverse. Although the full
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7426
...g lot. The officers were responding to a disturbance call and encountered difficulty quelling the situation. The record supports the trial court’s conclusion that L.K.B. and A.B. were guilty of resisting an officer without violence in violation of section 843.02, Florida Statutes (1995)....
CopyPublished | Supreme Court of Florida | 2014 WL 3361905
...2nd DCA 2007).
12
Lesser Included Offenses
RESISTING OFFICER WITH VIOLENCE —
843.01
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Resisting officer
843.02 21.2
without violence
Comment
This instruction was adopted in 1981 and amended in 1995 [
657 So. 2d
1152], and 2008 [
996 So. 2d 851], and 2014.
21.2 RESISTING OFFICER WITHOUT VIOLENCE
§
843.02, Fla....
...legally authorized to execute process].
In giving the instruction below, insert the class of officer to which the victim
belongs, e.g., law enforcement officer, correctional officer. See Wright v. State,
586
So. 2d 1024 (Fla. 1991). See §
843.02 Fla....
...for the type of officer covered by
this statute.
The court now instructs you that every (name of official position of
victim designated in charge) is an officer within the meaning of this law.
Lesser Included Offenses
RESISTING OFFICER WITHOUT VIOLENCE — 843.02
CATEGORY ONE CATEGORY TWO FLA....
...Lesser Included Offenses
No lesser included offenses have been identified for this offense.
Comment
The definition of law enforcement officer is contained in §§
843.01,
843.02,
Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2012 WL 10835
...pellee. Before RAMIREZ, SUAREZ and ROTHENBERG, JJ. CONFESSION OF ERROR ROTHENBERG, J. B.J., a juvenile, appeals the trial court's order adjudicating him delinquent as to the sole offense chargedresisting an officer without violence in violation of section 843.02, Florida Statutes (2011)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 9, 2022
...on that the passen-
ger has committed, is committing, or is likely to commit a criminal
offense. Part IV addresses whether the officer here lacked arguable
probable cause to arrest the passenger under Florida Statute
§ 843.02 for refusing to comply with the officer’s demand that he
identify himself....
...fice “supervisor informed Deputy Dunn that he should arrest
[Johnson]” for refusing to identify himself. Dunn accordingly
placed Johnson “under arrest for resisting without violence” in vi-
olation of Florida Statute § 843.02....
...6
immunities secured by the Constitution and laws, shall be lia-
ble to the party injured in an action at law . . . for redress[.]
42 U.S.C. § 1983.
5 See Fla. Stat. §
316.605(1) (Licensing of vehicles).
6 Fla. Stat. §
843.02 (Resisting officer without violence to his or her person)
states: “Whoever shall resist, obstruct, or oppose any officer ....
...in the lawful
execution of any legal duty . . . shall be guilty of a misdemeanor of the first
degree.”
As noted in the above text, Johnson was arrested on August 2, 2018.
He moved the County Court for Pasco County to dismiss the § 843.02 charge,
USCA11 Case: 21-10670 Document: 49-1 Date Filed: 01/30/2024 Page: 6 of 55
6 Opinion of the Court 21-10670
Count I is styled “Fourth Amendm...
...Due Process Clause of the Fourteenth Amendment. The Fourth
Amendment claim is based on Terry v. Ohio,
392 U.S. 1,
88 S. Ct. 1868 (1968), and its progeny. The due process claim is that
Dunn lacked probable cause to arrest Johnson for violating
§
843.02.
Dunn’s request that Johnson identify himself was allegedly
unreasonable because at the specific moment Dunn encountered
Johnson he was, in effect, conducting a Terry stop 8 and could not
demand that...
...2451, 2459 (2004). The due process
claim is that Johnson expressed his refusal to identify himself in
“mere words.” Dunn therefore lacked probable cause to arrest
Johnson for resisting an officer without violence in violation of
§ 843.02.
Dunn moved to dismiss Count I of both the initial and
amended complaints on the ground that the doctrine of qualified
immunity immunized him from suit....
...Plaintiff had a legal right to refuse to provide his iden-
tification to Deputy Dunn. As such, Deputy Dunn had
neither actual probable cause nor arguable probable cause
to arrest Plaintiff [for violating § 843.02]....
...(emphasis added). An inference reasonably drawn from the em-
phasized language is that if Johnson did not have a legal right to
refuse Dunn’s command that he identify himself, Dunn had at least
arguable probable cause to arrest him under § 843.02 for refusing
to do so....
...Therefore, Dunn is entitled to the dismissal of
Johnson’s Fourth Amendment claim under the doctrine of quali-
fied immunity.
IV.
The District Court concluded that Deputy Dunn lacked ar-
guable probable cause to arrest Johnson for violating § 843.02 be-
cause Johnson had a Fourth Amendment right to refuse to identify
himself when Dunn asked him to....
...this case presents. At the very least, it is arguable that the Court
would uphold the request and find the officer had at least arguable
cause to arrest the passenger for resisting an officer without vio-
lence in violation of § 843.02.
V.
For the reasons we have expressed, the District Court’s judg-
ment denying Deputy Dunn’s motion to dismiss pursuant to the
doctrine of qualified immunity is...
...to exercise his rights there and everything, but we also have rights
to do our job.” Officer Pini did not find any drugs in the car.
Johnson was taken to the Pasco County Jail and charged
with a violation of Florida Statute § 843.02, Resisting Officer With-
out Violence to His or Her Person....
...as “clearly estab-
lished” at the time of the violation. T.R. ex rel. Brock v. Lamar Cnty.
Bd. of Educ., 25 F.4th 877, 882–83 (11th Cir. 2022).
Officer Dunn arrested Johnson for violating Florida Statute
§ 843.02, which states that “[w]hoever shall resist, obstruct, or op-
pose any officer ....
...engaged in “the lawful execution of any legal duty” when he re-
quired Johnson to reveal his identity, or 2) that he, Johnson, was not
“resist[ing], obstruct[ing], or oppos[ing] any officer” under our in-
terpretation of § 843.02....
...tional safeguard. Because the Supreme Court has never carved out
this deep of an exception, neither should we. Second, Johnson did
not “resist, obstruct, or oppose” Officer Dunn under this court’s
interpretation of Florida Statute § 843.02....
...In addition, this court must consider whether the
mere refusal to provide one’s name to police officers while they in-
vestigate the conduct of another amounts to “resistance” or “ob-
struction” under Florida Statute § 843.02....
...Lawful Execution of Any Legal Duty
Officer Dunn arrested Johnson for declining to provide his
name as a passenger at a routine traffic stop. For Officer Dunn to
have probable cause to make this arrest under Florida Statute
§ 843.02, he must have been engaged in the “lawful execution of
any legal duty” when he required Johnson to disclose his identity.
The question, then, is whether it was lawful for Officer Dunn, ab-
sent any reasonable sus...
...cer
Dunn to require the disclosure of Johnson’s identity absent reasona-
ble suspicion of wrongdoing. Consequently, Officer Dunn was not
engaged “in the lawful execution of [a] legal duty” under Florida
Statute § 843.02 and lacked probable cause to arrest Johnson....
...identify himself was not made lawful through reasonable suspicion
or officer-safety concerns, and therefore, Johnson committed no
crime by refusing to comply. As a result, there was no probable
cause to believe that Johnson had violated Florida Statute § 843.02.
C....
...Resist, Obstruct, or Oppose
As a refresher, the statute under which Johnson was arrested
makes it a crime to “resist, obstruct, or oppose any officer . . . in the
lawful execution of any legal duty, without offering or doing vio-
lence to the person of the officer.” Fla. Stat. § 843.02....
...or obstruc-
tion of a nearby investigation unrelated to that demand. I would
conclude that it cannot. Reviewing our caselaw, it is clear to me
that “mere words” do not constitute obstruction under Florida
Statute § 843.02....
...aranteed
by our Constitution.
For years, we have recognized that verbal interruptions and
inquiries as to an officer’s purpose cannot, on their own, justify
probable cause for an arrest under Florida Statute § 843.02....
...provide prob-
able cause for resisting without violence.” Alston v. Swarbrick,
954
F.3d 1312, 1319 (11th Cir. 2020). In doing so, we found that a de-
fendant officer lacked probable cause for making an arrest under
§
843.02 where the arrestee “merely declined to cooperate or pro-
vide useful information” concerning an officer’s investigation into
someone else....
...and accurate, Officer Dunn nonetheless arrested Johnson for ob-
structing an officer without violence. But absent some hinderance
beyond mere words, Officer Dunn lacked probable cause to make
this arrest under our interpretation of § 843.02....
...6 Because Officer
Dunn lacked probable cause, his arrest of Johnson violated John-
son’s constitutional rights.
IV.
Having concluded that Officer Dunn violated Johnson’s con-
stitutional rights by arresting him under Florida Statute § 843.02
without probable cause, I now consider whether Johnson’s rights
in this situation were clearly established....
...ord suggests that
Johnson did anything to obstruct the officers’ investigation into the license
plate and their later fruitless drug search. See Alston,
954 F.3d at 1319 (noting
that that probable cause for an arrest under §
843.02 does not exist when some-
one “merely decline[s] to cooperate or provide useful information” and does
not “physically obstruct [an officer’s] path or otherwise prevent him from con-
ducting his investigation...
...Here, if
Johnson’s rights were not “clearly established,” then Officer Dunn
had arguable probable cause to make the arrest.
In my opinion, it was clearly established that Officer Dunn’s
arrest of Johnson under Florida Statute § 843.02 violated Johnson’s
Fourth Amendment rights....
...At the time of Johnson’s arrest, a string
of controlling cases made clear that police officers may not require
identification absent reasonable suspicion of criminality and that
“mere words” do not constitute obstruction of officers performing
their legal duties under § 843.02....
...constitutional is that this court has found, as far back as “[June 2011]
it was clearly established that . . . ‘mere words’ [do] not suffice to
provide probable cause for resisting without violence” under Flor-
ida Statute § 843.02....
...We have also found
that by 2011 it was clearly established that, absent some other form
of obstruction, simply declining to cooperate or provide useful in-
formation cannot support even arguable probable cause for an ar-
rest under § 843.02. Id. So here, in August 2018, Officer Dunn
lacked even arguable probable cause to arrest Johnson under
§ 843.02 given that 1) the officers were investigating a traffic offense
for which Johnson was not a suspect, 2) Johnson merely explained
his rights and declined to provide his name, 3) Officer Ramos told
Johnson’s father...
...reasonably justify such an intrusion. Further, I would hold that at
the time of the arrest, it was clearly established that “mere words”
do not constitute obstruction or resistance of an officer under Flor-
ida Statute § 843.02. Therefore, in my view, Officer Dunn lacked
actual and arguable probable cause to arrest Johnson under
§ 843.02....
CopyPublished | District Court of Appeal of Florida | 1990 WL 6501
...Upon the State’s confession of error, the adjudication of delinquency is reversed with respect to the charges of burglary and theft of an automobile. As the evidence is insufficient to support the adjudication of delinquency on the charge of violation of section 843.02, Florida Statutes (1987), we reverse the adjudication of delinquency with directions to discharge L.L.
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 1041, 2015 WL 340599
...execution of a legal duty and (2) the defendant’s action constitute
obstruction or resistance of that lawful duty.” J.P. v. State,
855 So. 2d
1262, 1265–66 (Fla. 4th DCA 2003) (citing H.H. v. State,
775 So. 2d 397,
398 (Fla. 4th DCA 2000)); see also §
843.02, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...litate the commission of a felony in violation of section
934.215, Florida Statutes (2012); (3) resisting an officer with violence in violation of section
843.01, Florida Statutes (2012); and (4) resisting an officer without violence in violation of section
843.02....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 718, 2015 WL 248663
...“If the evidence,
taken in a light most favorable to the state does not support a conviction,
the motion must be granted. If the state establishes the existence of each
element of the crime charged, then the motion must be denied.” Id.
(citation omitted).
Section 843.02, Florida Statutes (2013), provides, in pertinent part,
that “[w]hoever shall resist, obstruct, or oppose any officer ....
CopyPublished | Florida 2nd District Court of Appeal | 2011 WL 116871
...ncy, alleging that M.W. had committed the delinquent acts of assault on a specified official under sections
784.011 and
784.081(2)(d), Florida Statutes (2009), a first-degree misdemeanor, and obstructing or opposing an officer without violence under section
843.02, Florida Statutes (2009), a first-degree misdemeanor....
...had committed the delinquent act of obstructing or opposing an officer because Officer Smith had probable cause to arrest M.W. for the assault when M.W. obstructed him. The circuit court withheld adjudication and placed M.W. on an indefinite period of probation not to exceed his nineteenth birthday. Section 843.02 provides in pertinent part that "[w]hoever shall resist, obstruct, or oppose any officer ......
...a legal duty when he made the arrest, and thus he did not preserve that argument for appellate review. But because the State failed to establish that the obstruction offense occurred at all, M.W.'s conduct could not constitute a delinquent act. See § 843.02; see also Nelson v....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 80
...legal duty when he made the arrest, and thus he did not preserve that argument for appellate review. But because the State failed to establish that the obstruction offense occurred at all, M.W.’s conduct could not constitute a delinquent act. See § 843.02; see also Nelson v....
CopyPublished | Florida 3rd District Court of Appeal
...and prowling charge but filed
a petition for delinquency charging R.A. with battery on a law enforcement
officer in violation of sections
784.03 and
784.07(2)(b), Florida Statutes
(2021), and resisting an officer without violence in violation of section
843.02,
Florida Statutes (2021)....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 1409, 2016 WL 403202
...The search
revealed six bags of powder cocaine and six bags of rock cocaine located in the
car’s sunglass console (a closed compartment located above the rearview mirror).
Williams and Atkins were both arrested.
1 Williams was also convicted of resisting an officer without violence pursuant to
section 843.02, Florida Statutes (2014)....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6173
... 838.011 Fla.Stat., F.S.A. He was tried in the criminal court of record of D.ade County without a jury, and was found and adjudged guilty of obstructing an officer in the performance of his duty, without violence to the officer, a misdemeanor under § 843.02 Fla.Stat., F.S.A....
...not having driver’s license with him at the time of being stopped. At the conclusion of the trial, the Court adjudicated the Defendant guilty of the crime of obstructing an officer in the execution of legal process in violation of Florida Statutes 843.02.” It was held in Brown v....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 3815, 2010 WL 625014
...It is undisputed that Lutz was not certain that the woman who answered the door was Mrs. Coffin. Her actions that followed, however, gave him reason to believe that she was Mr. Coffin's wife. .Mrs. Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02 ....
...§
784.07 (2)(b) and §
784.03(1); resisting an officer with violence under Fla. Stat. §
843.01 ; two counts of use of a weapon on a law enforcement officer under Fla. Stat. §
790.054 ; and depriving an officer of means of protection or communication under Fla. Stat. §
843.025 . Because the Deputies lacked a warrant for Mr. Coffin's arrest, these charges, with the exception of the §
843.025 charge, were dropped. On March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six days' confinement. Meanwhile, the §
843.02 charge against Mrs....
CopyPublished | Florida 1st District Court of Appeal
...3d 614 (Fla. 1st DCA 2011), as
Bass’s motions for rehearing and rehearing en banc persuasively demonstrate. The panel
majority holds that a person’s failure to give a correct name to a law enforcement officer
constitutes the crime of obstruction under section 843.02, Florida Statutes, whether the person
was lawfully detained or not....
...a mere passerby or onlooker at the time of his fib.
Doesn’t matter: he gave an incorrect name (which, by the way, didn’t fool the officer or hinder
his investigation) and thereby committed the crime of obstruction. But wait. M.M. says that
under section 843.02, “failing to give one's correct identity is not a crime unless the person is
legally detained.” 51 So....
CopyPublished | Florida 2nd District Court of Appeal
24 So.3d 1181, 1185-86 (Fla. 2009) ; see also §
843.02, Fla. Stat. (2016). The mere act of flight alone
CopyPublished | Florida 2nd District Court of Appeal
...must prove: (1) the officer was engaged in the lawful execution of a legal duty; and (2)
the defendant's action, by his words, conduct, or a combination thereof, constituted
obstruction or resistance of that lawful duty." C.E.L. v. State,
24 So. 3d 1181, 1185-86
(Fla. 2009); see also §
843.02, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 1997
...cle. Therefore, Deputy Williams was not justified in detaining the defendant and the defendant’s suppression motion should have been granted. Judgment and Sentence REVERSED. THOMPSON and MONACO, JJ., concur. . §
893.13(6)(a), Fla. Stat. (2004). . §
843.02, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 1059
...On January 3, 2008, L.D.K. was adjudicated delinquent of the third-degree felony of fleeing or attempting to elude, a violation of section
316.1935, Florida Statutes (2007), and the first-degree misdemeanor of resisting an officer without violence, a violation of section
843.02, Florida Statutes (2007)....
...A juvenile’s period of commitment “may not exceed the maximum term of imprisonment that an adult may serve for the same offense.” §
985.455(3). Resisting an officer without violence is a first-degree misdemeanor punishable by a term of imprisonment not exceeding one year. §§
775.082(4)(a), Fla. Stat. (2007),
843.02....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 14913
...On August 29, 1975 the state filed a two-count information charging appellant in Count I with unlawfully resisting an officer with violence pursuant to Section
843.01, Florida Statutes (1975) and in Count II with unlawfully obstructing or opposing an officer without violence pursuant to Section
843.02, Florida Statutes (1975)....
CopyPublished | Florida 2nd District Court of Appeal
...g the child without unreasonable
delay to the appropriate school system site.
(Emphasis added.) Because the officer was not authorized, A.J.R. maintained that he
could not be convicted of obstructing an officer without violence under section 843.02,
Florida Statutes (2014)....
...We also apply a de novo standard of review to a trial
court's construction of a statute. State v. C.M.,
154 So. 3d 1177, 1178 (Fla. 4th DCA
2015).
-3-
In order to prove that a juvenile obstructed an officer without violence
under section
843.02, the State must prove (1) "the officer was engaged in the lawful
execution of a legal duty" and (2) that the juvenile's actions "obstructed the exercise of
that duty." D.L.S....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 12124
...was arrested. Two arguments were made by the State, to the trial court, in support of the charges: (1) The appellant’s “verbal” conduct — which alerted those in the area that the persons selling drugs were in fact police officers— violated section 843.02, Florida Statutes (1991), 2 which prohibits an obstruction of an officer in the exercise of a lawful duty; and (2) the officer’s instruction to the appellant to stop alerting those in the area of a police presence was a request for a...
...The appellant did not wave again after the officer threatened to arrest him. Reversed. . As an "eyeball,” Officer Strachan’s role was to inform bystanders that they were giving away the operation by telling people of the true identity of the officers. . Section 843.02, Florida Statutes (1991), provides that: Whoever shall resist, obstruct or oppose any officer ......
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 19844, 2010 WL 5373155
...2009), the Florida Supreme Court was presented with the issue of whether "a juvenile's continued flight, within a high-crime area, in defiance of a police officer's verbal order to stop, constitutes the offense of resisting, obstructing, or opposing an officer without violence under section 843.02, Florida Statutes (2007)." Id....
...Had the argument been made below, the State could have recalled the officer and elicited such testimony. We find it difficult to believe that the officer would have testified that this was not a high crime area. In C.E.L., the Florida Supreme Court's reasoning was anchored in its interpretation of section 843.02, Florida Statutes (2007), and what constitutes obstructing an officer in the lawful performance of his or her legal duty....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 13399, 1996 WL 734783
...ttempting to do violence is the same as offering to do violence, and the attempted crime is therefore included within the statutory definition of the crime. Accord Jordan v. State,
438 So.2d 825 (Fla.1983). As the Tousignant court further explained, section
843.02, making resisting an officer without violence a crime, is worded differently, and does not include the offering language....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 19658
SHEVIN, Judge. D.T.B., a juvenile, appeals an adjudication of delinquency for obstructing/resisting arrest without violence. § 843.02, Fla....
...was involved in any criminal activity on this occasion. When the police pulled up to the area, D.T.B. ran away. The officers yelled, “Stop, Police.” D.T.B. continued to run. The officers caught D.T.B. and arrested him. D.T.B. was charged with obstructing/resisting arrest without violence under section 843.02....
...The defense filed a motion for judgment of acquittal, asserting that Illinois v. Wardlow,
528 U.S. 119 ,
120 S.Ct. 673 ,
145 L.Ed.2d 570 (2000), did not mandate an adjudication in this case. The state argued that under Wardlow D.T.B.’s flight constituted resisting an officer, and satisfied the elements of the offense under section
843.02....
...obable cause, the individual must be allowed to go his way.” Wardlow,
528 U.S. at 126 ,
120 S.Ct. 673 . However, that was not done. The motion for judgment of acquittal should have been granted. In some cases, flight can support a conviction under
843.02....
...was engaged in any criminal activity at all. The officers only wanted to fill out their field interview card — a completely consensual encounter. The state cannot graft Wardlow’s holding onto the statutory requirement to assert that for purposes of section 843.02 reasonable suspicion is now the equivalent of “articulable well founded suspicion of criminal activity” to support detention of the defendant....
...673 upon having learned nothing further, D.T.B. should have been allowed to go on his way. Id. As in R.E.D., the officers were not involved in the lawful execution of a legal duty so that D.T.B.’s flight would constitute obstruction. The cases prior to Wardlow interpreting section 843.02 uniformly hold that flight is insufficient to constitute resisting arrest without violence....
...obstructing an officer without violence will be found in the cases interpreting our state statute, not in Wardlow.” Id. We are mindful of the cases the state cites to support its argument that mere flight is sufficient to justify conviction under 843.02....
...To the extent that our holding today conflicts with these cases, we certify conflict therewith. Based on the foregoing, we conclude that the state has failed to demonstrate that D.T.B. resisted or opposed arrest so as to justify adjudication under section 843.02....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 16812, 2000 WL 1867596
...Accordingly, R.M.’s sentence is vacated and this matter is remanded to the trial court for re-sentencing to a term of state supervision which will not extend beyond twelve months. JUDGMENT AFFIRMED; SENTENCE VACATED; CAUSE REMANDED FOR RESENTENCING. PETERSON and SAWAYA, JJ., concur. . See § 843.02, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17895
...tructions to resentence appellant, imposing a single sentence as to each crime. Appellant will be present at the time of sentencing. *357 REVERSED and REMANDED with instructions. SCHEB, C. J., and DANAHY, J., concur. . §
944.40, Fla.Stat. (1979). . §
843.02, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal
...Reddin and
was therefore authorized to make an extraterritorial arrest, we reverse
the dismissal and remand for a new trial.
I.
The State charged Mr. Reddin with reckless driving under section
316.192(1), Florida Statutes (2021), and resisting an officer without
violence under section
843.02, Florida Statutes (2021)....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 19135, 2004 WL 2889876
...appeals after an adjudication of delinquency. The probation order dated July 6, 2004 placed L.P. on probation but did not specify the time period. The offense that L.P. was found to have committed was resisting an officer without violence, in violation of section
843.02, Florida Statutes (2003). That offense is a first degree misdemeanor for which the legal maximum punishment is incarceration for one year. See id. §§
843.02,
775.082(4)....
CopyPublished | Florida 1st District Court of Appeal
... V.
Bass’s fifth argument is that the trial court should have
granted a judgment of acquittal on the resisting-an-officer charge.
We review the trial court’s decision de novo. Pagan v. State,
830
So. 2d 792, 803 (Fla. 2002).
Section
843.02 provides that it is a crime to “resist, obstruct,
or oppose any officer ....
...provision of the false name and date of birth did not constitute the
crime of resisting an officer without violence.”
27 So. 3d 226, 228
(Fla. 2d DCA 2010).
Bass correctly explains that the Second District has added an
additional requirement for any section
843.02 charge, at least
when the charge is based on giving an officer a false name....
...iving false
identification to a law enforcement officer. See §
901.36(1), Fla.
Stat. (2016) (specifically limiting applicability to when “a
person . . . has been arrested or lawfully detained”). The
Legislature could have added this language to section
843.02 as
well, but it did not. Instead, section
843.02 applies “to any situation
where a person willfully interferes with the lawful activities of the
police.” N.H. v. State,
890 So. 2d 514, 516 (Fla. 3d DCA 2005)
(emphasis added) (holding that “[o]n its face, [section
843.02] is
unambiguous”)....
...answer questions and encouraged others to refuse). M.M. and the
cases it relied on held only that an individual who is not detained
may refuse to cooperate with police; those cases do not hold that a
person willfully misleading an investigating officer cannot violate
section 843.02 unless he happens to be detained.
ourselves whether to follow Sauz....
...But we said that
in the context of section
901.36(1), Florida Statutes, which we cited
along with a case applying it. That statute’s plain text, again,
limits application to when “a person . . . has been arrested or
lawfully detained by a law enforcement officer.” The plain text of
section
843.02 does not.
We are not persuaded by the dissent’s contrary take on this
issue....
...3d at 228 (officer “was
engaged in the lawful execution of a legal duty because she was
investigating the lewd battery”). But because Bass has never
argued that the officers were not executing a legal duty, we need
not resolve that disagreement here.
4 It is also noteworthy that section 843.02 prohibits
obstruction not only of police officers, but also many others,
including “member[s] of the Florida Commission on Offender
Review,” “any administrative aide or supervisor employed by the
commission,” and any “county probation officer.”
9
843.02 come in many forms, and not all involve lying to officers
about names. The legal-duty requirement applies in every section
843.02 case....
...3d at 1185-86 (noting required
element is that “the officer was engaged in the lawful execution of
a legal duty”). Yet the judicially created detention requirement
seems to be limited to false-name cases. This is another indication
that the rule—created by courts—strays from the statutory text.
Sections
843.02 and
901.36(1) establish different crimes with
different elements....
...1st DCA 2009)
(same) (concluding that because defendant “gave the false names
before he was detained, it was improper to conclude that the arrest
for the offense of giving a false name was lawful”).
Prior to and since 1999, giving a false name could also be
deemed illegal under another statute, section 843.02, Florida
Statutes, 1 which criminalizes resisting, obstructing, or opposing
1 Section 843.02, in relevant part, states:
Whoever shall resist, obstruct, or oppose any officer ....
...This general obstruction statute
requires that: “(1) the officer was engaged in the lawful execution
of a legal duty; and (2) the action by the defendant constituted
obstruction or resistance of that lawful duty.” S.G.K. v. State,
657
So. 2d 1246, 1247 (Fla. 1st DCA 1995) (emphasis added). As
emphasized, section
843.02 criminalizes conduct that obstructs or
resists an officer in the lawful execution of a legal duty....
...l execution of any legal duty’
and a police officer who is merely on the job.” D.G. v. State,
661 So.
2d 75, 76 (Fla. 2d DCA 1995). Absent an identifiable legal duty, its
lawful execution by an officer, and obstruction/resistance of that
duty, 2 section
843.02 is not violated. Id. (noting that a legal duty
person of the officer, shall be guilty of a misdemeanor of
the first degree, punishable as provided in s.
775.082 or
s.
775.083.
§
843.02, Fla....
...with an ongoing emergency that presents a serious threat of
imminent harm to person or property”).
In this case, the State did not charge Bass with a false name
violation under section
901.36. Instead, it charged him under the
general obstruction statute, section
843.02, which the State says
was properly applied to Bass because he gave a false name while
he was lawfully detained that obstructed the officer’s investigation
at the crime scene....
...Bass, of course, disputes that he was lawfully
detained or that the officer was engaged in the exercise of a legal
duty, which is the only basis upon he and the State have disagreed
in this appeal.
In its supplemental brief, 3 the State unequivocally says that
lawful detention is required in false name cases under section
843.02, as other district courts have held; it specifically “agrees
that the Second District Court of Appeal’s holding in Sauz v....
...correct.” Its supplemental reply brief concludes that the only
dispute is whether the record establishes that Bass was lawfully
detained based on a reasonable suspicion of criminal activity. Bass
too agrees that Sauz applies, and that lawful detention is required
when section 843.02 is applied in false name cases; he says,
however, that he was not lawfully detained when he gave the false
3 The parties were “directed to file supplemental briefs
addressing the elements of the crime of Resisting Officer without
Violence, section 843.02, Florida Statutes (2012), and whether the
Second District Court of Appeal’s opinion in Sauz v....
...the statute when
the violation is based on giving a false name or false information.”
Their briefs were required to “address the distinction between the
elements the State would need to prove for the crimes of Resisting
Officer without Violence, section
843.02, and Giving False Name
or Identification to Law Enforcement Officer, section
901.36(1), as
applied to the facts of this case.”
13
name....
...required in this case is that Florida appellate courts have
uniformly required that the defendant be lawfully detained (or
arrested) at the time false information is given (or name refused to
be given) for an unlawful obstruction to be actionable under section
843.02....
...2d at 76; see also D.L. v. State,
87
So. 3d 824, 825 (Fla. 2d DCA 2012); St. James v. State,
903 So. 2d
1003, 1004 (Fla. 2d DCA 2005); Rodriguez v. State,
29 So. 3d 310,
312-13 (Fla. 3d DCA 2009).
After all, this class of cases involves investigatory detentions.
Section
843.02 requires that a defendant’s conduct have obstructed
the officer in the “lawful execution of any legal duty,” which in the
context of an investigation is the lawful detention of an individual
for which a well-founded suspicion of criminal activity exists....
...If a detainee gives a false name while lawfully detained, and
that action amounts to “resisting, obstructing, or opposing” that
lawful duty, a violation is established.
Viewed in this way, courts are not interlineating a “lawful
detention” requirement into the statutory language of section
843.02 in false information cases; rather, they are recognizing that
the “lawful detention” of a suspect fulfills the statutory
requirement that an officer be engaged in the “lawful execution of
a legal duty” at the time false information is given....
...“Lawful
detention” thereby satisfies the first element (i.e., that the “officer
was engaged in the lawful execution of a legal duty”). The second
element is satisfied if the giving of the false name to the officer
“constituted obstruction or resistance of that lawful duty.” As such,
section 843.02 is not violated simply because “obstruction or
resistance” of police activity occurred; it must occur via conduct
that interfered with the “lawful execution of a legal duty.”
Obstruction is a necessary element of a section 843.02 violation;
but so is proof of the lawful execution of a legal duty, such as a
lawful detention (or arrest). 4
Lawful detention in false name cases under section 843.02
serves the purpose of drawing a line between situations in which
an officer is engaged in the “lawful execution of a legal duty” and
those in which the officer is customarily engaged from day-to-day
(i.e., “merely on the job”)....
...the giving of a false name “constituted obstruction or resistance”
of the arrest or detention.
5 The Florida Supreme Court identified the three levels of
police-citizen encounters as follows:
15
beyond the legislative intent of section 843.02, which says the
conduct must obstruct the execution of a legal duty.
The view that section 843.02 criminalizes the giving of a false
name (or refusal to give a name), even when not lawfully detained
or arrested, opens up vast vistas of criminal liability for what
historically has been deemed non-criminal conduct. 6 Section
843.02 does not give police officers the authority to arrest citizens
who refuse to cooperate with—or choose to give false or incorrect
The first level is considered a consensual encounter and
involves only minimal police contact....
...2d DCA 2012); State v. Legnosky,
27 So. 3d
794, 797-98 (Fla. 2d DCA 2010); State v. Dennis,
684 So. 2d 848,
849 (Fla. 3d DCA 1996); W.W. v. State,
993 So. 2d 1182, 1184 (Fla.
4th DCA 2008); Jay v. State,
731 So. 2d 774, 775 (Fla. 4th DCA
1999).
And section
843.02 is symmetrical: it applies whether a false
name is given, or no name is given, when a person is legally
detained or arrested....
...constitute obstruction); St. James,
903 So. 2d at 1004 (holding that
defendant’s denial of his identity to police was insufficient to
support a charge of obstruction).
Dispensing with the “lawful detention” requirement in false
information cases under section
843.02 creates direct conflict with
Sauz and other cases that trial courts have applied for decades. It
also creates conflict with this Court’s decision in M.M. v. State,
which held in a section
843.02 case as follows:
17
“If a police officer is not engaged in executing process on
a person, is not legally detaining that person, or has not
asked the person for assistance with an ongoin...
...2d at 1004 (Even
though officers had probable cause to arrest defendant, he was “not
legally detained when he denied his identity.”). At best, the facts
demonstrate a police investigation and “citizen encounter
involving a verbally uncooperative citizen,” which is insufficient to
support a violation of section 843.02....
...Dunsford and Deputy Ross as a
possible suspect. Bass’s counsel twice obtained favorable rulings
on his objections that this testimony was inadmissible.
20
Finally, Bass and the State presented a limited issue in this
appeal as to section 843.02’s application in light of Sauz, whose
holding and analytical underpinnings support reversal....
...Bass and the
State both say that Sauz and related cases—and presumably their
reasoning—apply in this case. It is anomalous to affirm on a newly-
fashioned legal theory that no party raised or supports, and ignore
the reasoning underlying cases such as Sauz that matters most in
interpreting section 843.02.
For these reasons, Bass’s conviction for a violation of section
843.02, Florida Statutes, should be reversed; as to all other issues,
I concur in affirmance.
_____________________________
Michael Ufferman of Michael Ufferman Law Firm, P.A.,
Tallahassee, for Appellant.
Pamela Jo Bondi,...
CopyPublished | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13057, 2012 WL 3192786
...argues that her motion for dismissal of the offense of corruption by threat against a public servant should have been granted because she was already under arrest when she threatened Lassiter. We will address each argument separately. A. Resisting An Officer Without Violence To support a conviction under section 843.02, Florida Statutes (2009), 1 the State must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that duty....
...Accordingly, because we find that P.B.’s statement demonstrated a threat to influence Lassiter, we affirm the trial court’s order withholding adjudication of delinquency for corruption by threat against a public servant. Affirmed. SHEPHERD, J„ concurs. . Section 843.02 states as follows: Whoever shall resist, obstruct, or oppose any officer as defined in s....
CopyPublished | Florida 4th District Court of Appeal
...the wiretap statute. The
court erred in entering summary judgment on this ground.
Whether the officers had probable cause to arrest appellant
for violation of Florida’s obstruction without violence statute,
section 843.02, Florida Statutes.
4 As noted in the majority, no First Amendment challenge was ever made to the statute
in the trial court....
...ruling on the First Amendment implications of the wiretap statute.
11
From a review of appellant’s video recording, the trial court also concluded
that the officer had probable cause to arrest appellant for obstruction without
violence. Section 843.02, Florida Statutes (2009), titled “Resisting officer without
violence to his or her person,” provides:
Whoever shall resist, obstruct, or oppose any officer ....
...combination thereof, constituted obstruction or resistance of that lawful duty.”
C.E.L. v. State,
24 So. 3d 1181, 1185–86 (Fla. 2009) (citations omitted).
“With limited exceptions, physical conduct must accompany offensive words
to support a conviction under [section
843.02].” W.W....
...1st DCA 1990) (holding that
defendant obstructed officers not by simply yelling and cursing at them, but by
refusing to leave an area where the police were attempting to make arrests). For
example, in W.W., we reversed a defendant’s conviction under section 843.02,
where the defendant lied to an officer about a suspect’s whereabouts during the
officer’s search for the suspect but “did not physically impede the deputy’s
investigation.” 993 So....
...le cause to arrest appellant for either
of those charges.
13
Obstruction of Justice Arrest
Appellant was arrested for the crime of obstruction without violence in
violation of section 843.02, Florida Statutes (2009)....
...ourt’s legal conclusions.
Dockery,
676 So. 2d at 474.
The facts and “legal state of affairs” revealed by the appellant’s own video
recordings fully support the existence of probable cause to arrest for obstruction
without violence under section
843.02, Florida Statutes (2019). I would therefore
affirm on this issue, which defeats the appellant’s false arrest claim as the trial
court correctly concluded.
Section
843.02 provides: “Whoever shall resist, obstruct, or oppose any
officer . . . in the execution of legal process or in the lawful execution of any
legal duty, without offering or doing violence to the person of the officer shall be
guilty of a misdemeanor. . . .” §
843.02, Fla....
...The crime
requires proof of two elements: (1) the officer was engaged in the lawful execution
of a legal duty; and (2) the action by the accused constituted obstruction or
resistance of that legal duty. Jay v. State,
731 So. 2d 774, 775 (Fla. 4th DCA
1999).
The appellant argues that she did not violate section
843.02 because “her
conduct was limited to a verbal exchange with the police” and “she in no way
physically obstructed or impeded the police’s detention of her son....
...without violence, let alone probable cause for arrest. All that the statute requires
is that the officers be in the lawful execution of a legal duty and that under the
totality of circumstances, the subject resists, obstructs, or opposes that officer.
§ 843.02, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 12258, 2001 WL 991584
...victim was a law enforcement officer^ Nevertheless, since consecutive mandatory minimum sentences were not imposed, we think there is no Jackson error. AFFIRMED. HARRIS and SAWAYA, JJ., concur. . §
893.13(l)(f), Fla. Stat. . §
843.01, Fla. Stat. . §
843.02, Fla....
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 435, 1985 Fla. LEXIS 3672
...by means *145 of an illegal search. The juvenile court granted the motion. (4)Respondents A.M.E. and S.E. were charged with delinquency in that they allegedly obstructed a law enforcement officer in the performance of his legal duty in violation of section 843.02, Florida Statutes (1981)....
...At the hearing on the motion defense counsel argued that it was necessary to allege that the officer was trying to arrest the accused at the time of the alleged resistance. Counsel for the state correctly pointed out that there is no such requirement in section 843.02. The court then asked counsel for the state to proffer the facts which the state’s evidence would show. On the ground that the facts proffered, even if shown by evidence, would not constitute a violation of section 843.02, the court dismissed the petition for delinquency- The state appealed these adverse orders separately and the district court of appeal, on motions of the juvenile appellees, dismissed the appeals by means of a consolidated order....
CopyPublished | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 1847, 1984 Fla. App. LEXIS 14872
...initial arrest was unlawful. As to the first issue, we affirm on the authority of Carwise v. State,
454 So.2d 707 (Fla. 1st DCA 1984), and find no error with respect to the second question. Among other offenses, appellant was convicted of violating §
843.02, Florida Statutes, by resisting an officer without violence....
CopyPublished | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 143181, 2010 WL 6755743
...Fils claims she suffers from chronic headaches from the incident. Fils Dep. 19, 29. Maurice's arrest affidavit indicates he was charged with, (1) disorderly conduct, in violation of Fla. Stat. §
877.03, and (2) resisting arrest without violence, in violation of Fla. Stat. §
843.02....
...crime." Skop,
485 F.3d at 1137 ( citing Crosby v. Monroe County,
394 F.3d 1328, 1333 (11th Cir. 2004)). Officer Bergert contends that there was probable cause to arrest Maurice for the offense of "resisting arrest without violence" under Fla. Stat. §
843.02....
...[16] That statute makes it a first *1203 degree misdemeanor to "resist, obstruct, or oppose any officer ... in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer." Fla. Stat. § 843.02....
...3rd DCA 2005)). "Legal duties" encompass more than just making arrests. Id. (issuing a trespass warning and escorting someone off hotel property are lawful executions of police duties) ( citing Jacobson v. State,
476 So.2d 1282, 1287 (Fla.1985) ("[S]ection
843.02 ......
...amely, whether Maurice's actions constituted obstruction or resistance of the police officers' lawful duties. Officer Bergert relies the declarations of fellow officers and testimony of Ms. Cineus to argue that the "resistence" element of Fla. Stat. § 843.02 is established because Maurice disobeyed police instructions and attempted to undermine police control of the crime scene....
...its. Id. at 1555. On the day of the incident, the owner was arrested first for having customers in excess of the restaurant's "maximum occupancy" cap of twenty-two. Second, the restaurant manager was arrested for resisting an officer in violation of § 843.02....
...Id. Therefore, the policeman had at least arguable probable cause to arrest the owner, even if a more precise headcount would have revealed she had not broken the "maximum capacity" law. Id. With respect to the manager's arrest for obstruction under § 843.02, although "[b]ystanders said that [the manager] was doing nothing to interfere with the code team when he was arrested," the court noted that while the first arrest was ongoing the police officer "told [the manager] to be quiet; [the manage...
...that the manager lashed out against police officers in the recent past. Id. at 1559. Based on how the police officer might have perceived the situation at Big Louie's, the officer had at least arguable probable cause to believe the manager violated § 843.02....
...uming their disbursal orders are heard and understood by those in the affected area. See, e.g., Owaki v. City of Miami,
491 F.Supp.2d 1140, 1154 (S.D.Fla.2007) (finding probable cause to arrest protester for ignoring a police order to disburse under §
843.02, despite protester's testimony that he never heard the order)....
...ce instruction [and] indicated that [the plaintiff] was interfering or about to attempt to interfere with" police efforts to control the situation. Post,
7 F.3d at 1559. Without doubt, Bergert's grossly disproportionate exertion of force for a minor §
843.02 violation makes it harder to dispassionately reconstruct the factual setting to conduct the highly clinical probable cause inquirywhether an objective officer "might have" perceived the elements of §
843.02ignoring for the moment that Bergert allegedly executed the arrest by popping out of nowhere and firing his taser gun without warning....
...The least serious of these offenses is disorderly conduct. In their motion for summary judgment, however, the police make no mention of the disorderly conduct offense. Instead, they rely entirely on Fils's alleged violation of §
843.01 (resisting arrest with violence) and §
843.02 (resisting arrest without violence)the latter offense not even having been chargedas the source of the probable cause to arrest....
...The question, thus winnowed, is whether there was probable cause to believe Fils violated Florida law by screaming at police officers from a distance of thirty-six inches for thirty seconds as a means of protesting an ongoing arrest in the middle of a relatively volatile disturbance. The elements of § 843.02 have been discussed at length in relation to Maurice....
...She believed Maurice was innocent, and that the police were misbehaving. Indeed, she might have been correct; the jury in this case will decide. But the recourse for perceived police misconduct is not obstruction. Fils's admitted conduct is enough to sustain a finding of probable cause for her arrest under § 843.02....
...that the person [arrested] is guilty of a criminal offense." Daniel v. Village of Royal Palm Beach,
889 So.2d 988, 990 (Fla. 4th DCA 2004) (citation omitted). The undisputed facts establish there was probable to arrest Fils for violating Fla. Stat. §
843.02, as discussed above....
...'s considerations about placement of the arguable probable cause inquiry are avoided. See Poulakis, 341 Fed.Appx. at 527-28. [16] After being arrested, Maurice was charged with two crimes: resisting arrest without violence in violation of Fla. Stat. § 843.02 (a first degree misdemeanor), and the lesser offense of "disorderly conduct" in violation of Fla....
...by qualified immunity. Bailey v. Board of County Comm'rs of Alachua County,
956 F.2d 1112, 1119 n. 4 (11th Cir.1992). In their summary judgment submissions, the police officers offer only that there was probable cause to arrest Maurice for violating §
843.02. The police do not rely on §
877.03 (or any statute) as an alternative basis for probable cause. [17] Fla. Stat. §
843.02 has not changed since 2003, when the arrests were made....
...testimony from other witnesses about whether police ordered people to disburse can be considered for the limited purpose of whether the police reasonably believed Maurice was defying orders. [20] The Court is aware that "resisting an officer" under § 843.02 generally requires more than words....
...Williams,
451 F.3d 759, 765 (11th Cir.2006), a 2006 case in which a homeowner shouted towards police parked at the bottom of his driveway. Id. at 763. The police told him to go away more than once but he persisted and was arrested. Id. The Eleventh Circuit wrote that §
843.02 plainly did not criminalize the homeowner's ability to query the police officers, because "Florida courts have generally held, with very limited exceptions, that physical conduct must accompany offensive words to support a conviction under §
843.02." Id....
...ht to incite violence, did not physically obstruct the police, and remained a safe distance away the whole time. Id. at 766. Further, the Davis court acknowledged Florida cases in which words combined with exacerbating factors were enough to violate § 843.02....
...State,
556 So.2d 453, 456 (Fla. 1st DCA)), rev. den.,
564 So.2d 1088 (Fla.1990); H.A.P. v. State,
834 So.2d 237 (Fla. 3rd DCA 2002); see also Sullivan v. City of Pembroke Pines, 161 Fed.Appx. 906, 909-910 (11th Cir.2006) (unpublished opinion) (probable cause to arrest under §
843.02 because plaintiff's repeated verbal interruptions during a police investigation); Post v. City of Fort Lauderdale,
7 F.3d 1552, 1559 (11th Cir. 1993) (arguable probable cause to arrest under §
843.02 when the plaintiff had a history of outbursts towards the police and appeared to be inciting bystanders); Zivojinovich v. Barner,
525 F.3d 1059, 1063-64, 1071-72 (11th Cir.2008) (probable cause to arrest under §
843.02 after plaintiff twice stood up and spoke after being told to sit down)....
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 8192, 1991 WL 159157
...On remand, the trial court may consider and take further evidence (if necessary) on the question of whether the stop was pretextual, since it did not reach that issue prior to dismissing the petition. REVERSED and REMANDED. COWART, J., concurs. HARRIS, J., concurs specially with opinion. . Section 843.02, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal
...Nieves'
timely appeal.
II.
On appeal, Mr. Nieves argues that the trial court erred in revoking his
probation because the evidence failed to prove one element of the resisting offense—
that the police were acting in "the lawful execution of any legal duty." See § 843.02,
Fla....
CopyPublished | Florida 2nd District Court of Appeal
...must prove: (1) the officer was engaged in the lawful execution of a legal duty; and (2)
the defendant's action, by his words, conduct, or a combination thereof, constituted
obstruction or resistance of that lawful duty." C.E.L. v. State,
24 So. 3d 1181, 1185-86
(Fla. 2009); see §
843.02, Fla....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 10437, 1998 WL 484078
...On remand, the record should also be corrected to reflect that the appellant was convicted of, and sentenced for, violation of section
843.01, Florida Statutes, resisting an officer with violence. The judgment erroneously reflects appellant’s offense as section
843.02, Florida Statutes, resisting an officer without violence, a misdemeanor....
CopyPublished | Florida 6th District Court of Appeal
...eals
his judgment and sentence on multiple charges. We affirm in all respects except for
one, as set forth below.
Fortson entered a negotiated plea of nolo contendere to the offenses of
resisting an officer without violence in violation of section 843.02, Florida Statutes
1
Anders v....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 10388
convicted of a misdemeanor of the first degree. §
843.02, Fla. Stat. (1997). The underlying offenses for
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 12175, 2016 WL 4261639
...did not stop. 1 *1025 “We review the trial court’s denial of the motion for dismissal under the de novo standard,” viewing the evidence “in the light most favorable to the State.” R.R.W. v. State,
915 So.2d 633, 634-35 (Fla. 2d DCA 2005). Section
843.02, Florida Statutes (2014), provides that “[wjhoever shall resist, obstruct, or oppose any officer ......
CopyPublished | Florida 2nd District Court of Appeal
...did not stop.1
"We review the trial court's denial of the motion for dismissal under the de
novo standard," viewing the evidence "in the light most favorable to the State." R.R.W.
v. State,
915 So. 2d 633, 634-35 (Fla. 2d DCA 2005). Section
843.02, Florida Statutes
(2014), provides that "[w]hoever shall resist, obstruct, or oppose any officer ....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 11664
FULMER, Judge. C.H.C. challenges his delinquency adjudication for obstructing or opposing an officer without violence, a violation of section 843.02, Florida Statutes (2006)....
...The deputy chased C.H.C., but lost visual contact. Deputy Cole placed a radio alert. Other deputies then found C.H.C. and detained him. The crime of obstructing or opposing an officer without violence requires a showing that the officer was engaged in the lawful execution of any legal duty. § 843.02; Davis v....
...See J.P. v. State,
855 So.2d 1262, 1263 (Fla. 4th DCA 2003). Finally, C.H.C.’s flight from the scene cannot alone support the charge. Although flight in knowing defiance of a law enforcement officer’s order to stop can constitute a violation of section
843.02, the officer must be justified in ordering the detention based on founded suspicion that the defendant was engaged in criminal activity, see D.M....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 4877, 2011 WL 1326238
...[3] *374 The trial judge in this case, no doubt, had other such experiences with Mr. Blankner and had simply had enough. In his own words, he refused to be held hostage by Mr. Blankner. His error was taking out his frustration on Mr. Habeych, rather than his lawyer. NOTES [1] §
893.135(1)(c)1.b., Fla. Stat. (2009). [2] §
843.02, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 1337359, 2016 Fla. App. LEXIS 5242, 41 Fla. L. Weekly Fed. D 850
...The trial court orally announced a 10-year sentence
on this count, but the written sentence imposed a five-year term of probation only.
9
The final sentence in this case was for one count of resisting an officer without
violence, contrary to section 843.02, Florida Statutes (2012)....
CopyPublished | Florida 1st District Court of Appeal
...creating an imminent threat to the safety of persons or property in
the area.” Id. For this reason, the standard for certiorari relief was
established and the circuit court’s order quashed. Id.
Turning to this case, the charge against Stamitoles is that he
violated section 843.02, Florida Statutes, which provides, in
pertinent part, that “[w]hoever shall resist, obstruct, or oppose any
officer . . . in the lawful execution of any legal duty, without
offering or doing violence to the person of the officer, shall be guilty
of a misdemeanor of the first degree.” § 843.02, Fla....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3362, 1996 WL 154216
...delinquent for possession of a controlled substance. We affirm the order of adjudication of resisting arrest without violence. AFFIRMED in part; REVERSED and REMANDED with instructions. GOSHORN, J., concurs. GRIFFIN, J., concurs in result only. . §
893.13(l)(a), Fla.Stat. (1993). . §
843.02, Fla.Stat....
CopyPublished | District Court of Appeal of Florida
person of such officer, contrary to Florida Statute
843.02 (1 DEG MISD) Following a jury trial
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 968, 1986 Fla. App. LEXIS 7758
...However, because the defendant was acquitted of resisting arrest with violence, he cannot be tried again on that charge, and because the lawful execution of a legal duty by the officer is a necessary ingredient in the charge of resisting arrest without violence, § 843.02, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1023, 1985 Fla. App. LEXIS 13586
PER CURIAM. We reverse the trial court’s determination that W.K. committed a delinquent act by resisting arrest without violence in violation of section 843.02, Florida Statutes (1983), upon a holding that this record is devoid of any evidence to support the charge....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5285
GROSS, C.J. We hold that the contents of a BOLO dispatch were non-hearsay admissible to establish an element of the crime of resisting an officer without violence. See § 843.02, Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2974, 1991 WL 45213
...required of the circumstantial facts upon which a conviction must be based.” Id. The officer charged Ms. Tursi with battery on a law enforcement officer under section
784.07, Florida Statutes (1989), and resisting an officer without violence under section
843.02, Florida Statutes (1989). Section
784.07 penalizes any battery on an officer while the officer “is engaged in the lawful performance of his duties.... ” Section
843.02 penalizes any person who “shall resist, obstruct, or oppose any officer ......
CopyPublished | Supreme Court of Florida | 1955 Fla. LEXIS 3438
...a fourth felony, to-wit: resisting arrest and was convicted of said offense in the Circuit Court in and for Sarasota County, Florida; was adjudged guilty thereof by the Court on November 3, 1953 * * * ” Resisting arrest is a statutory crime. F.S. § 843.02, F.S.A....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 4881, 2003 WL 1855127
...ne if total weight of randomly tested material contained enough heroin to violate trafficking statute). AFFIRMED. THOMPSON, C.J., and ORFINGER, J., concur. . §
893.13(6)(a), Fla. Stat. . §
893.13(1)(e) 1Fla. Stat. . §
893.13(1)(e)1., Fla. Stat. . §
843.02, Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 951, 1985 Fla. App. LEXIS 13415
...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....
...Under the circumstances of this case, the officers had a right to detain appellant. Appellant’s running away, contrary to the officers’ instructions, obstructed the officers in the performance of their legal duty. Accordingly, the trial court correctly found that appellant violated section 843.02....
