Legal Opinion

S.S., a child v. State

District Court of Appeal of Florida

Decided January 21, 2015No. 4D13-4125PublishedCited by 3 opinions

1Opinion of the CourtLevine, J.

S.S., a child, appeals the order withholding an adjudication of delinquency for resisting arrest without violence. We find that the trial court erred in denying the motion for judgment of dismissal because *1219the police officer who detained appellant was not engaged in the lawful execution of a legal duty due to the fact that the police officer did not have reasonable suspicion that appellant was committing a crime.

Two officers from the Miramar police department responded to a dispatch. Upon arriving at the scene, officers observed a group of juveniles “causing a disturbance across the street…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Popple v. StateSupreme Court of Florida · 1993
  2. State v. SaundersSupreme Court of Florida · 1976
  3. Fuentes v. StateDistrict Court of Appeal of Florida · 2009
  4. R.H. v. StateDistrict Court of Appeal of Florida · 2011
  5. A.T. v. StateDistrict Court of Appeal of Florida · 2012

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3Cited by3 opinions

  1. M.R. v. StateDistrict Court of Appeal of Florida · 2016
  2. M.R. v. StateDistrict Court of Appeal of Florida · 2016
  3. Markeith Thomas v. State of FloridaDistrict Court of Appeal of Florida · 2025

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