Arrestable Offenses / Crimes under Fla. Stat. 901.36
S901.36 2 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 9475 - F: T
CopyCited 26 times | Published | Florida 4th District Court of Appeal | 2003 WL 22339198
...ssing. Kersey did not know what Oprea had seen that had raised his suspicion. Sgt. Oprea did not testify. J.P. contends the trial court erred in denying his motion for judgment of acquittal [1] on count I, the giving of a fictitious name pursuant to section 901.36(1), Florida Statutes (2001)....
...her way to the store risks arrest for trespass). As such, Officer Kersey lacked the authority to lawfully detain J.P., and request identification. Lawful detention is a condition precedent to commission of the crime of giving a fictitious name under section
901.36. See Belsky v. State,
831 So.2d 803, 804-5 (Fla. 4th DCA 2002). 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....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2002 WL 31757481
...Alan Belsky pled no contest to possession of Alprazolam, possession of drug paraphernalia, and unlawful use of a false name. He reserved the right to appeal the denial of his motion to suppress. We reverse, because the arresting officer lacked probable cause to arrest appellant for giving a false name under section 901.36, Florida Statutes, when appellant *804 had not been arrested or lawfully detained prior to giving the officer a false name....
...During a search incident to the arrest, the officer found two Alprazolam pills and a syringe on appellant's person. At the suppression hearing, appellant argued that the officer lacked reasonable suspicion to detain him and thus lacked probable cause to arrest him for giving a false name while detained. Section 901.36, 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 supplied)....
...State,
537 So.2d 711 (Fla. 5th DCA 1989)(concluding that officer had no probable cause or reasonable suspicion to support either an arrest or a Terry stop where defendant lied about his name during a consensual encounter). As explained above, to constitute a violation of section
901.36, Florida Statutes, the giving of a false name to a law enforcement officer must occur during an arrest or lawful detention....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2003 WL 21800407
...The program proved to be successful. The cost of providing traffic officers with portable thumbprint kits was minimal. The program drastically reduced the court appearances of persons wrongfully charged. It provided hard evidence to make a criminal case against the imposter under section 901.36(1), Florida Statutes (2000)....
...atutes, or by affidavit, information, or indictment as provided for in the Florida Rules of Criminal Procedure." [2] We note that giving a false name to a law enforcement officer after being arrested or lawfully detained is a criminal violation. See § 901.36(1), Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 234, 2009 WL 56036
...The trial court's conclusion and the State's argument reflect a misunderstanding of the law. The giving of a false name is not a crime unless it occurs during a lawful detention or arrest. Dubois v. State,
932 So.2d 298, 299 (Fla. 2d DCA 2006); see §
901.36(1), Florida Statutes (2007)....
...There are essentially three types of police-citizen encounters: consensual encounters, investigatory stops, and formal arrests. Popple v. State,
626 So.2d 185, 185 (Fla. 1993). Either an "investigatory stop" or a formal arrest can constitute a "lawful detention" within the meaning of section
901.36(1)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 11580, 2009 WL 2514168
...Accordingly, the trial court properly denied the motion to suppress, and we affirm the judgments and sentences on appeal. Affirmed. NORTHCUTT and LaROSE, JJ., Concur. NOTES [1] See §§
893.135(1)(f)(1)(a), .13(6)(a), .147, Fla. Stat. (2006). [2] See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). [3] See §
901.36(1) (stating that "[i]t is unlawful for a person who has been arrested or lawfully detained ......
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2006 WL 1006865
...We reverse, because the child recanted and provided his true name to the officers before he was arrested, transported, or booked, and before any serious harm was done. In reversing, we conclude that the common law recantation defense applies to violations of the new "false name" statute, section 901.36(1), Florida Statutes (2004)....
...State], 797 So.2d [598] at 601 [(Fla. 5th DCA 2001)] (citing Beasley; Hoffman v. State,
708 So.2d 962 (Fla. 5th DCA 1998)). A.P.R. v. State,
894 So.2d 282, 285 (Fla. 5th DCA 2005). The child was convicted of giving a false name to a police officer, a misdemeanor offense, under section
901.36(1), Florida Statutes....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1105213
...and the officers was necessarily a consensual encounter. As a result, the subsequent arrest that occurred for giving a false name was illegal. In Belsky v. State,
831 So.2d 803 (Fla. 4th DCA 2002), the court stated that "to constitute a violation of section
901.36, Florida Statutes, the giving of a false name to a law enforcement officer must occur during an arrest or lawful detention."
831 So.2d at 805....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2005 WL 1788927
...Wilcox, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. We reverse Reginald Bordelon's conviction for giving a false name to a law *544 enforcement officer after he had been "arrested or lawfully detained by a law enforcement officer," in violation of section 901.36(1), Florida Statutes (2003), and remand for a new trial in which his rights to cross-examine his accusers are not arbitrarily curtailed....
...ed. [1] The offense of which he stands convicted requires proof of "the giving of a false name to a law enforcement officer . . . during an arrest or lawful detention." Belsky v. State,
831 So.2d 803, 805 (Fla. 4th DCA 2002) (emphasis supplied). See §
901.36(1), Fla....
...to the law enforcement officer. . . ."). The statute does not make it a crime to give a false name during a "consensual field interview" when there has been neither arrest nor lawful detention. See Belsky,
831 So.2d at 803-04 (reversing conviction under section
901.36 where "appellant had not been arrested or lawfully detained prior to giving the officer a false name")....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 12706, 2010 WL 3397457
...On direct appeal of convictions and concurrent sentencesfive years in prison for failing to report a change in address in violation of section
943.0435(9), Florida Statutes (2007), and eleven months 29 days in jail for giving a false name to a law enforcement officer in violation of section
901.36(1), Florida Statutes (2007)Fredis Espinal Torres maintains the trial court erred in convicting him after a bench trial, in the absence of a valid waiver of his right to trial by jury....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2005 WL 906267
...consented to the subsequent search. R.H. was charged by Delinquency Petition with possession of cocaine, in violation of sections
893.03(2)(a)(4) and
893.13(6)(a), Florida Statutes, and with unlawful use of a false name or identity, in violation of *691 section
901.36(1), Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2002 WL 384953
...On September 28, 2000, the State filed an information charging Dickerson with actual or constructive possession of cocaine in violation of section
893.13(6)(a), Florida Statutes (2000), and giving a false name while being detained or arrested in violation of section
901.36(1), Florida Statutes (2000)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 2572405
...NOTES [1] The giving of a false name to an officer is only a crime if it is done during an arrest or lawful detention. Cooks v. State,
901 So.2d 963 (Fla. 2d DCA 2005); Belsky v. State,
831 So.2d 803, 805 (Fla. 4th DCA 2002); Fournier v. State,
731 So.2d 75 (Fla. 2d DCA 1999); §
901.36, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 12988
...Condition 5 required Ms. Dubois to live and remain at liberty without violating the law. Ms. Dubois violated no law justifying a modification of her probation. To constitute a crime, the giving of the false name must occur during an arrest or lawful detention. § 901.36, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2007 WL 4482190
...Before SUAREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge. ROTHENBERG, Judge. L.J., a juvenile, appeals from the trial court's order withholding adjudication of delinquency and placing him on probation for the offense of providing a false name to a law enforcement officer, in violation of section 901.36(1), Florida Statutes (2006)....
...section
903.36(1), Florida Statutes (2004). On appeal, A.A.R. argued that the trial court erred by denying his motion for judgment of dismissal based on the common law recantation 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 843.0...
...to change their statement and tell the truth . . . is no longer applicable after an arrest has occurred"). Accordingly, we affirm the order under review as the trial court correctly denied L.J.'s motion for judgment of acquittal. Affirmed. NOTES [1] Section 901.36(1), Florida Statutes (2006), provides in part as follows: It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4277143
...t of dismissal of both counts. Counsel argued that in order to be convicted of giving a false name, one must be under arrest or lawful detention and Officer Ouellette had given no testimony showing that J.L.H. was under either type of restraint. See § 901.36, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 14537
WELLS, Chief Judge. L.T., a juvenile charged with one count of providing false identification to a police officer in violation of section 901.36(1) of the Florida Statutes, appeals from an order denying his motion to dismiss and adjudicating him delinquent....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2467066
...Crist, Jr., Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. A.F. appeals a juvenile probation order entered after the trial court found him guilty of giving a false name to a law enforcement officer pursuant to *375 section 901.36(1), Florida Statutes (2004)....
...After the State rested its case, A.F. moved for a judgment of dismissal, arguing that the State had failed to establish that A.F. had been arrested or lawfully detained when he gave Officer Northrup a false name. The trial court denied the motion. Section 901.36(1) 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, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel." Because it is undisputed that A.F....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 2890086
...David Glenn Brevick ["Defendant"] appeals the trial court's judgment, revoking the probation he was serving for several 2005 convictions. Because we conclude that the State failed to prove a new law violation, we reverse. On March 27, 2006, Defendant was arrested for providing false information to an officer, in violation of section 901.36, Florida Statutes. The trial court held a hearing to determine whether Defendant had actually violated section 901.36, Florida Statutes, and, thus, had also violated his probation....
...And while the investigation was being done he was being detained. The Court finds a willful and substantial violation of condition 5 of the orders of probation." He was sentenced to concurrent terms of *1249 16.2 months in prison with 24 months of probation to follow. Section
901.36(1), Florida Statutes (2006) provides: It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. Except as provided in subsection (2), any person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. Accordingly, "[t]he plain language of section
901.36(1) requires that, in order to be in violation of the statute, the giving of a false name or identification must occur following arrest or lawful detention." Whyte v....
...His statement that he did not want to press charges reflects his state of mind as a victim, not a suspect. Even Officer Smoak, in coaxing him to give his correct name, told him only that she had to have it to "document" her report. The language of section 901.36(1) suggests that the commission of an offense under that statute requires either a subjective or an objective awareness that the individual has been detained by police, thereby triggering the statute's requirement of truthful identification....
...As soon as he was informed that his identity was being investigated, he acted promptly to give the correct information. The wasted time and effort on the part of law enforcement was minimal. Therefore, this record does not establish the commission of an offense under section 901.36....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2787330
...The trial court denied the motion, but recognized that the motion was dispositive of the case. Mr. Whyte pleaded no contest to the burglary and theft charges, reserving the right to appeal the denial of his dispositive motion to suppress. The State dropped the count of giving false identification. Section 901.36(1), Florida Statutes (2003), provides: "It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel." Persons who violate the statute commit a first-degree misdemeanor. The plain language of section 901.36(1) requires that, in order to be in violation of the statute, the giving of a false name or identification must occur following arrest or lawful detention. Thus, if a suspect is legally detained or arrested on some other ground, and subsequently provides false identification, he or she may also be charged with a violation of section 901.36(1)....
...Whyte was under lawful arrest at the time he was searched. Absent a reasonable suspicion or probable cause to detain or arrest Mr. Whyte on some other lawful ground, Mr. Whyte's failure to give his true name could not, alone, provide probable cause for the arrest under section 901.36(1)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 WL 4056658
...Pamela Jo Bondi, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee. *1015 Before WELLS, C.J., and RAMIREZ, JJ., and SCHWARTZ, Senior Judge. WELLS, Chief Judge. L.T., a juvenile charged with one count of providing false identification to a police officer in violation of section 901.36(1) of the Florida Statutes, appeals from an order denying his motion to dismiss and adjudicating him delinquent....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 15478
...passing. Kersey did not know what Oprea had seen that had raised his suspicion. Sgt. Oprea did not testify. J.P. contends the trial court erred in denying his motion for judgment of acquittal 1 on count I, the giving of a fictitious name pursuant to section 901.36(1), Florida Statutes (2001)....
...her way to the store risks arrest for trespass). As such, Officer Kersey lacked the authority to lawfully detain J.P., and request identification. Lawful detention is a condition precedent to commission of the crime of giving a fictitious name under section
901.36. See Belsky v. State,
831 So.2d 803, 804-5 (Fla. 4th DCA 2002). 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....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 15534, 2010 WL 3984818
...At the suppression hearing, the court correctly concluded that appellant’s arrest for obstruction by disguise was illegal because she was neither under arrest nor subject to a lawful detention when she gave the false name and birth date to the officer. See § 901.36(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 1859421
...Based on the foregoing events, appellant was charged with trespassing and providing a false name to the police. The trial court denied appellant’s motion for judgment of dismissal as to both charges and that ruling is challenged in this appeal. Providing a False Name Section 901.36(1), Florida Statutes (2010), states “[i]t is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name.......
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...on of a legal duty and had
reasonable suspicion to stop him under the totality of the circumstances.
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....
...ority to
ask K.O. his name. Ultimately, the court entered a disposition, finding
K.O. guilty of both unlawful use of a false name and resisting without
violence. K.O. appeals this disposition.
K.O. 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 ....
...violence to the person of the officer, shall be guilty of a
misdemeanor of the first degree . . . .
(emphasis added). Because K.O. 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. v. State,
87 So. 3d 1235 (Fla. 4th DCA
2012), as to the violation of section
901.36(1)....
...Although there were more officers involved, they did not
make any show of authority, touch K.O., or use language which would
suggest that K.O. was not free to leave. Thus, because K.O. and the officer
were engaged in a consensual encounter when he gave the false name, he
cannot be guilty of violating section 901.36(1).
The court, however, did not err in denying the motion for judgment of
dismissal as to the charge of resisting arrest without violence....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 2587717, 2014 Fla. App. LEXIS 8860
PER CURIAM. Jovan Howard appeals an order summarily denying his “motion to correct the record,” which he filed pursuant to section 901.36(3)(b), Florida Statutes (2003)....
...As the record provided to this court does not refute Howard’s claim, we reverse the order of denial and remand to the circuit court to treat the motion as a rule 1.540(a) motion and reconsider it on the merits. Reversed and Remanded for further proceedings. TAYLOR, LEVINE and KLINGENSMITH, JJ., concur. . Section 901.36, Florida Statutes (2003), makes it a crime “for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel." § 901.36(1)....
...When someone has been sentenced for violating this section, “The sentencing court may issue such orders as are necessary to correct any public record because it contains a false name or other false identification information given in violation of this section.” § 901.36(3)(b)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 3449546, 2013 Fla. App. LEXIS 10945
SLEET, Judge. B.B., a juvenile, challenges an adjudication of delinquency for: (1) providing false identification to a law enforcement officer resulting in adverse consequences to another, § 901.36(2), Fla....
...e evidence of B.B.’s constructive possession of the alcohol in a jointly-occupied vehicle. See Cruz v. State,
744 So.2d 568, 569 (Fla. 2d DCA 1999); B.S. v. State,
638 So.2d 154, 155 (Fla. 2d DCA 1994). Next, as to the false-identification charge, section
901.36(2) requires the State to prove that B.B....
...would have had a criminal record if the booking process had not been interrupted by discovery of B.B.’s true identity. Such evidence is insufficient to show an adverse consequence to S.B.; rather it is evidence of a possible adverse consequence. The plain language of section 901.36(2) does not contemplate punishment for mere possibilities....
...tion to a law enforcement officer resulting in adverse consequences to another and remand with instructions to adjudicate B.B. delinquent on the lesser-included delinquent act of providing a false name to a law enforcement officer in accordance with section 901.36(1)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 363, 2010 WL 183994
...Appellant was a front-seat passenger in a vehicle that was stopped for running a red light. Upon making contact with the vehicle, the officer saw Appellant without his seat belt on and asked for his name. When Appellant gave a false name, the officer arrested him for violating section 901.36(1), Florida Statutes (2004)....
...y, and, therefore, Appellant could not show that his trial counsel was ineffective for failing to file a meritless motion to suppress. The limited record before us does not refute Appellant's claim that his initial detention and arrest for violating section 901.36(1) was illegal because there is no indication that the officer observed him not wearing his seat belt while the vehicle was moving....
...such, the contact becomes a consensual encounter and the giving of a false name is not a crime. Similarly, we held in Jackson v. *646 State,
1 So.3d 273 (Fla. 1st DCA 2009), that giving a false name to a law enforcement officer is not a crime under section
901.36(1) unless it occurs during a lawful detention or arrest....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 20509
ROTHENBERG, Judge. L.J., a juvenile, appeals from the trial court’s order withholding adjudication of delinquency and placing him on probation for the offense of providing a false name to a law enforcement officer, in violation of section 901.36(1), Florida Statutes (2006)....
...section
903.36(1), Florida Statutes (2004). On appeal, A.A.R. argued that the trial court erred by denying his motion for judgment of dismissal based on the common law recantation 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 843.0...
...esses to change their statement and tell the truth ... is no longer applicable after an arrest has occurred”). Accordingly, we affirm the order under review as the trial court correctly denied L.J.’s motion for judgment of acquittal. Affirmed. . Section 901.36(1), Florida Statutes (2006), provides in part as follows: It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 20040
...By statute, “It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in anyway, to the law enforcement officer or any county jail personnel.” § 901.36(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 3913970
...venile Assessment Center to verify her information. The Juvenile Assessment Center informed the officer that Appellant had a pickup order. Appellant was charged with giving a false name or identification to a law enforcement officer, in violation of section 901.36(1), Florida Statutes (2007). At the hearing, the State was required to prove that Appellant had been lawfully arrested or detained by a law enforcement officer and gave a false name or otherwise falsely identified herself to a law enforcement officer. See § 901.36(1), Fla....
...The Affirmative Defense of Recantation Courts have previously held that the common law defense of recantation applies in a prosecution for providing a false name or identification to a law enforcement officer, although the statute does not recognize the defense. See § 901.36(1), Fla....
...t authorities without fear of prosecution. Thus, like our sister courts in the Third and Fourth Districts, we hold that the common law defense of recantation applies to prosecutions for giving a false name to law enforcement officers in violation of section 901.36(1), Florida Statutes (2007)....
...rder, thus negating any adverse reliance on the false information. We hold the time of recantation in relation to the time of arrest is the essential factor in determining whether the affirmative defense of recantation applies to a prosecution under section 901.36(1)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 12477
PER CURIAM. K.D., a juvenile, appeals a final disposition order entered on February 4, 2010, adjudicating her delinquent of the offense of giving a false name under section 901.36(1), Florida Statutes (2010)....
...issal because she was not legally detained, which is a condition precedent to an arrest and conviction for giving a false name. We agree. Lawful detention is a condition precedent to the crime of giving a false name to a law enforcement officer. See § 901.36, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 5659
...We reverse, because the child recanted and provided his true name to the officers before he was arrested, transported, or booked, and before any serious harm was done. In reversing, we conclude that the common law recantation defense applies to violations of the new “false name” statute, section 901.36(1), Florida Statutes (2004)....
...State], 797 So.2d [598] at 601 [(Fla. 5th DCA 2001)] (citing Beasley; Hoffman v. State,
708 So.2d 962 (Fla. 5th DCA 1998)). A.P.R v. State,
894 So.2d 282, 285 (Fla. 5th DCA 2005). The child Was convicted of giving a false name to a police officer, a misdemeanor offense, under section
901.36(1), Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 14281
...t of dismissal of both counts. Counsel argued that in order to be convicted of giving a false name, one must be under arrest or lawful detention and Officer Ouellette had given no testimony showing that J.L.H. was under either type of restraint. See § 901.36, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 14536, 2005 WL 2242698
CASANUEVA, Judge. R. J.W. appeals his delinquency adjudication for committing the offense of providing a false identity to a law enforcement officer contrary to section 901.36(1), Florida Statutes (2003)....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16031
SILBERMAN, Judge. A.F. appeals a juvenile probation order entered after the trial court found him guilty of giving a false name to a law enforcement officer pursuant to section *375 901.36(1), Florida Statutes (2004)....
...After the State rested its case, A.F. moved for a judgment of dismissal, arguing that the State had failed to establish that A.F. had been arrested or lawfully detained when he gave Officer Northrup a false name. The trial court denied the motion. Section 901.36(1) 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, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel.” Because it is undisputed that A.F....
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 16561, 2009 WL 3674572
...A search incident to arrest resulted in the discovery on Ward’s person of a pistol and 44 pieces of crack cocaine. It is a misdemeanor for an individual who has been arrested or lawfully detained *899 to falsely identify himself to a law enforcement officer. See § 901.36(1), Fla....
...Furthermore, there were numerous large, visible “no trespassing” signs throughout the apartment complex, including at the location where Ward entered onto the property. Having been lawfully detained, Ward’s act of providing a false name to the officers constituted a violation of section 901.36(1)....
...State v. Wimberly,
988 So.2d 116, 119-20 (Fla. 5th DCA 2008). We find no error in the trial court’s denial of Ward’s motion to suppress. AFFIRMED. TORPY and COHEN, JJ., concur. . §
790.07(2), Fla. Stat. (2007). . §
893.13(l)(a), Fla. Stat. (2007). .§
901.36(1), Fla. Stat. (2007). . Section
901.36(1) provides: It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer....
CopyPublished | Florida 2nd District Court of Appeal
...d provided a
false name because she knew about the outstanding warrant and did not want to go to
jail.
Deno was then arrested not only on the outstanding warrant but also for
providing a false name to a law enforcement officer, see § 901.36(1), Fla....
...Specifically, Deno argued, as she argues on appeal, that she had been neither
under arrest nor lawfully detained when she had provided the false name, and,
therefore, Sergeant Mingione, as a matter of law, could not have had reasonable
suspicion that she had violated section 901.36(1)....
...will not disturb the trial court's findings of fact as long as competent, substantial
evidence supports those findings, but we review its application of law to those facts de
novo. State v. Godard,
202 So. 3d 144, 145-46 (Fla. 2d DCA 2016).
Section
901.36(1) provides, "It is unlawful for a person who has been
arrested or lawfully detained by a law enforcement officer to give a false name, or
otherwise falsely identify himself or herself in any way, to the law enforcement officer or
a...
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 7777, 2006 WL 1329657
...Appellant gave the officer his correct name, but the birth date was incorrect by four years. The clerk from the gas station testified that appellant was a regular customer with whom he never had a problem, and he had never asked appellant to leave. The trial court found that appellant had violated section 901.36, Florida Statutes (2004), by giving the officer a false date of birth....
...There was no evidence appellant was obstructing or impeding, refused to leave, or was engaging in any other conduct which would violate the ordinance. Because there was no evidence that appellant was loitering, it follows that appellant was not lawfully detained, and no violation of section 901.36, Florida Statutes occurred....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 8092, 2001 WL 669316
...dge. A.S. appeals the order of the juvenile division of the circuit court which adjudicated him delinquent for burglary of a conveyance and grand theft. A.S. was also adjudicated delinquent for giving a false name to a police officer in violation of section 901.36(1), Florida Statutes (1999)....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3000604, 2012 Fla. App. LEXIS 11874
VAN NORTWICK, J. D.K.D., a juvenile, appeals his adjudication of delinquency for giving a false name or identification to a law enforcement officer in violation of section 901.36(1), Florida Statutes (2011). Appellant argues that the trial court erroneously denied his motion to dismiss because section 901.36(1) requires arrest or lawful detention as a condition precedent to a violation of the statute and he was not arrested or lawfully detained at the time he gave a false name to law enforcement....
...Before arriving, however, appellant admitted that he gave an incorrect address. Further, he later admitted that his name was not “Drey Slack,” and he gave his correct name. He was then arrested. Appellant was charged with giving a false name or identification to a law enforcement officer in violation of section 901.36(1)....
...r. The trial court found that appellant may have provided a false name to the officer during a consensual encounter, but the encounter was elevated to a lawful detention at some point. The trial court therefore denied dismissal of the charge, noting section 901.36(1) is a broad statute; found appellant guilty; and adjudicated him delinquent. Section 901.36(1) provides, in pertinent part: It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer.......
...Accordingly, the trial court erred in broadly construing the statute to encompass appellant’s conduct during a consensual encounter. In Jackson v. State,
1 So.3d 273 (Fla. 1st DCA 2009), we held that giving a false name to a law enforcement officer is not a crime under section
901.36(1) unless it occurs during a lawful detention or following arrest....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 11197
...A search of
Jackson’s person produced a crack pipe. Id. at 277. Because the arrest for giving a
false name was unlawful, see DuBois v. State,
932 So. 2d 298, 299 (Fla. 2d DCA
2006) (stating the giving of a false name is not a crime unless it occurs during a
lawful detention or arrest); see also §
901.36(1), Fla....
CopyPublished | Supreme Court of Florida
...law.
- 21 -
Lesser Included Offenses
21.7 GIVING FALSE NAME OR IDENTIFICATION TO LAW
ENFORCEMENT OFFICER ADVERSELY AFFECTING ANOTHER —
§ 901.36(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
False Name or ID 901.36(1)* 21.7*
to LEO*
None
Comments
*The difference between the third degree felony in § 901.36(2), Fla. Stat.,
and the first degree misdemeanor in § 901.36(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2009 WL 4928058
...By statute, "It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in anyway, to the law enforcement officer or any county jail personnel." § 901.36(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...(The State argues it should win
nonetheless, arguing Bass was detained.) We of course must decide
6
In a separate statute, enacted in 1999, the Legislature did
impose such a detention requirement for the crime of giving false
identification to a law enforcement officer. See § 901.36(1), Fla.
Stat....
...State does not control here
either. See
1 So. 3d 273 (Fla. 1st DCA 2009). In Jackson, this court
said that “[t]he giving of a false name is not a crime unless it occurs
during a lawful detention or arrest.” Id. at 277. But we said that
in the context of section
901.36(1), Florida Statutes, which we cited
along with a case applying it....
...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....
...9.330 or
9.331.
_____________________________
MAKAR, J., concurring in part and dissenting in part.
In Florida, when is giving a false name to a police officer a
crime? In 1999, the legislature enacted a “false name” law that
specifically addressed the matter, section 901.36, Florida Statutes,
which says: “It is unlawful for a person who has been arrested or
lawfully detained by a law enforcement officer to give a false name,
or otherwise falsely identify himself or herself in any way, to the
law enforcement officer or any county jail personnel.” § 901.36(1),
Fla....
...As
emphasized, an arrest or lawful detention is a specific element of
the offense, thereby limiting the scope of the statute’s application.
See Dubois v. State,
932 So. 2d 298, 299 (Fla. 2d DCA 2006) (“To
constitute a crime, the giving of the false name must occur during
an arrest or lawful detention.”) (citing §
901.36, Fla....
...person, has legally detained a person, or has asked “for assistance
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....
...”
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....
...Criminalizing the giving of a false name
when a person is lawfully detained makes sense, but criminalizing
such conduct in the context of police-citizen investigatory
encounters generally—without an arrest or lawful detention 5–goes
4 In contrast, by enacting section 901.36(1), the Legislature
created a new offense, one that criminalizes giving a false name
when arrested or lawfully detained, without the need to prove that
the giving of a false name “constituted obstruction or resistance”
of the arres...
CopyPublished | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 12668
...venile Assessment Center to verify her information. The Juvenile Assessment Center informed the officer that Appellant had a pickup order. Appellant was charged with giving a false name or identification to a law enforcement officer, in violation of section 901.36(1), Florida Statutes (2007). At the hearing, the State was required to prove that Appellant had been lawfully arrested or detained by a law enforcement officer and gave a false name or otherwise falsely identified herself to a law enforcement officer. See § 901.36(1), Fla....
...The Affirmative Defense of Recantation Courts have previously held that the common law defense of recantation applies in a prosecution for providing a false name or identification to a law enforcement officer, although the statute does not recognize the defense. See § 901.36(1), Fla....
...t authorities without fear of prosecution. Thus, like our sister courts in the Third and Fourth Districts, we hold that the common law defense of recantation applies to prosecutions for giving a false name to law enforcement officers in violation of section 901.36(1), Florida Statutes (2007)....
...rder, thus negating any adverse reliance on the false information. We hold the time of recantation in relation to the time of arrest is the essential factor in determining whether the affirmative defense of recantation applies to a prosecution under section 901.36(1)....
CopyPublished | Florida 1st District Court of Appeal | 2010 WL 3360097
...Bill McCollum, Attorney General, and Brooke Poland, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. K.D., a juvenile, appeals a final disposition order entered on February 4, 2010, adjudicating her delinquent of the offense of giving a false name under section 901.36(1), Florida Statutes (2010)....
...issal because she was not legally detained, which is a condition precedent to an arrest and conviction for giving a false name. We agree. Lawful detention is a condition precedent to the crime of giving a false name to a law enforcement officer. See § 901.36, Fla....
CopyPublished | Florida 5th District Court of Appeal
...That is not true
of condition five, which required him to live without breaking any
law. The court found that he gave a false name to a police officer.
But for that crime to occur, the defendant must give the false name
after his lawful detention. See § 901.36(1), Fla....
CopyPublished | Supreme Court of Florida
...law.
- 21 -
Lesser Included Offenses
21.7 GIVING FALSE NAME OR IDENTIFICATION TO LAW
ENFORCEMENT OFFICER ADVERSELY AFFECTING ANOTHER —
§ 901.36(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
False Name or ID 901.36(1)* 21.7*
to LEO*
None
Comments
*The difference between the third degree felony in § 901.36(2), Fla. Stat.,
and the first degree misdemeanor in § 901.36(1), Fla....
