Legal Opinion
H.H. v. State
District Court of Appeal of Florida
Decided December 20, 2000No. 4D00-1077PublishedCited by 19 opinions
1Opinion of the CourtShahood, J.
We reverse appellant’s adjudication for resisting an officer without violence because the initial stop of appellant was not lawful.
The elements of resisting an officer without violence require that (1) the officer be engaged in the lawful execution of a legal duty and (2) the defendant’s action constitute obstruction or resistance of that lawful duty. See Fripp v. State, 766 So.2d 252 (Fla. 4th DCA 2000); § 843.02, Fla.Stat. (1999). An individual may be guilty of unlawfully obstructing an officer if he flees while knowing the officer’s intent to detain him and the officer is justified in…
2Cases cited6 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Popple v. StateSupreme Court of Florida · 1993
- Mullins v. StateSupreme Court of Florida · 1978
- Harris v. StateDistrict Court of Appeal of Florida · 1994
- M.C. v. StateDistrict Court of Appeal of Florida · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- C.E.L. v. StateSupreme Court of Florida · 2009
- Slydell v. StateDistrict Court of Appeal of Florida · 2001
- J.P. v. StateDistrict Court of Appeal of Florida · 2003
- D.T.B. v. StateDistrict Court of Appeal of Florida · 2004
- Batson v. StateDistrict Court of Appeal of Florida · 2003
14 more not listed; retrieve them via the Exa API.