Legal Opinion

K.Q.W. v. State

District Court of Appeal of Florida

Decided March 9, 2007No. 5D05-4198Published

1Opinion of the CourtLawson, J.

K.Q.W. appeals from an adjudication of delinquency and juvenile commitment order entered after the trial court found her guilty of violating section 901.36(1), Florida Statutes (2005). The statute makes it “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....” Because the evidence was uncontroverted that K.Q.W. had been neither arrested nor detained when she gave a false name to the officer, the trial court should have granted KQ.W.’s…

2Cases cited3 opinions

  1. Bordelon v. StateDistrict Court of Appeal of Florida · 2005
  2. A.F. v. StateDistrict Court of Appeal of Florida · 2005
  3. Whyte v. StateDistrict Court of Appeal of Florida · 2006

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