Legal Opinion

M.M. v. State

District Court of Appeal of Florida

Decided October 26, 2011No. 4D10-1600PublishedCited by 4 opinions

1Opinion of the CourtMay, C.J.

A juvenile appeals his disposition order, having been found guilty of resisting arrest without violence. He argues the trial court erred in denying his motion for judgment of dismissal because the law enforcement officer was not executing a lawful duty when he ordered the juvenile to stop. We agree and reverse.

Officer # 1 received a dispatch from an anonymous caller regarding a large group of juveniles fighting in the vicinity of 6th Avenue and Commercial Boulevard. The tip did not include a description of the individuals involved. When Officer # 1 arrived, he saw four juveniles, and noticed…

2Cases cited7 opinions

  1. Popple v. StateSupreme Court of Florida · 1993
  2. Tillman v. StateSupreme Court of Florida · 2006
  3. Baptiste v. StateSupreme Court of Florida · 2008
  4. Slydell v. StateDistrict Court of Appeal of Florida · 2001
  5. Levin v. StateDistrict Court of Appeal of Florida · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. A.W. v. StateDistrict Court of Appeal of Florida · 2012
  2. AW v. StateDistrict Court of Appeal of Florida · 2012
  3. Thornton v. StateDistrict Court of Appeal of Florida · 2012
  4. MM v. StateDistrict Court of Appeal of Florida · 2011

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