Legal Opinion
B.M. v. State
District Court of Appeal of Florida
Decided March 10, 2017No. Case No. 2D15-4782PublishedCited by 6 opinions
1Opinion of the Court
BADALAMENTI, Judge.
B.M. appeals his final disposition of delinquency for (1) resisting an officer without violence and (2) burglary of an unoccupied structure. The basis of the resisting-without-violence charge was B.M.’s flight from a purportedly lawful Terry1 stop. The State used this same alleged nonviolent resistance to satisfy the intent element of B.M.’s burglary charge. B.M. contends that the State presented insufficient evidence to demonstrate that the law enforcement officer who attempted to conduct the Terry stop had a well-founded and reasonable suspicion to do so. We agree and…
2Cases cited17 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Illinois v. WardlowSupreme Court of the United States · 2000
- E.A.B. v. StateDistrict Court of Appeal of Florida · 2003
- S.G.K. v. StateDistrict Court of Appeal of Florida · 1995
- McCloud v. StateDistrict Court of Appeal of Florida · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- B.R.W. v. StateDistrict Court of Appeal of Florida · 2017
- B.R.W. v. StateDistrict Court of Appeal of Florida · 2017
- Harris v. WingoDistrict Court, M.D. Florida · 2019
- I. K. v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
- I.K. v. StateDistrict Court of Appeal of Florida · 2018
1 more not listed; retrieve them via the Exa API.