Legal Opinion · Dissent

C.E.L. v. State

Supreme Court of Florida

Decided December 17, 2009No. SC08-1898Published

1DissentQuince, C.J.

While the result reached by the majority seems to be in keeping with a literal reading of the statute, I cannot agree because of the societal implications of such a literal reading. I acknowledge that the United States Supreme Court in Illinois v. Wardlow, 528 U.S. 119, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000), held that flight from the police in a high crime area gives the police the requisite reasonable suspicion to temporarily stop and detain a person who is fleeing. I also acknowledge that section 843.02, Florida Statutes (2007), seems to allow the police to charge a person with resisting an…

2Cases cited6 opinions

  1. Illinois v. WardlowSupreme Court of the United States · 2000
  2. S.G.K. v. StateDistrict Court of Appeal of Florida · 1995
  3. C.E.L. v. StateDistrict Court of Appeal of Florida · 2008
  4. D.T.B. v. StateDistrict Court of Appeal of Florida · 2004
  5. F.B. v. StateDistrict Court of Appeal of Florida · 1992

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