Legal Opinion

M.B. v. State

District Court of Appeal of Florida

Decided March 6, 2013No. 3D12-705PublishedCited by 1 opinion

1Per curiam

Based on the State’s proper confession of error, we reverse the adjudication of delinquency of M.B. for resisting arrest without violence. The trial court erred in denying the juvenile’s motions for judgment of dismissal.

*565The detention of the juvenile was unlawful for several reasons. It was based on an unreliable, anonymous tip that was not corroborated. Florida v. J.L., 529 U.S. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000); Baptiste v. State, 995 So.2d 285 (Fla.2008). There was no evidence that the officer had the reasonable suspicion necessary to detain the juvenile for trespass, D.T. v.…

2Cases cited5 opinions

  1. Florida v. JLSupreme Court of the United States · 2000
  2. Baptiste v. StateSupreme Court of Florida · 2008
  3. O.B. v. StateDistrict Court of Appeal of Florida · 2010
  4. D.T. v. StateDistrict Court of Appeal of Florida · 2012
  5. M.M.H. v. StateDistrict Court of Appeal of Florida · 2006

3Cited by1 opinion

  1. T.P. v. StateDistrict Court of Appeal of Florida · 2017

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