Legal Opinion · Concurring in part, dissenting in part

R.R. v. State

District Court of Appeal of Florida

Decided April 9, 2014No. 4D12-2420Published

1Concurring in part, dissenting in partKlingensmith, J.

While I concur with the majority’s decision to affirm R.R.’s adjudication for resisting an officer without violence, I write to express my dissent from the portion of the opinion stating that there was no reasonable suspicion of criminal activity that would have justified an investigatory stop by the officer for loitering and prowling. Under the facts, I believe there would have been a sufficient basis for the officer to detain R.R. based on his observation of R.R.’s actions and the totality of the circumstances prior to ordering him to stop.

There are two elements to a loitering and prowling…

2Cases cited8 opinions

  1. Illinois v. WardlowSupreme Court of the United States · 2000
  2. C.H.S. v. StateDistrict Court of Appeal of Florida · 2001
  3. Wallace v. StateDistrict Court of Appeal of Florida · 2009
  4. Jaudon v. StateDistrict Court of Appeal of Florida · 2000
  5. Addis v. StateDistrict Court of Appeal of Florida · 1990

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