Legal Opinion

Richard Scott v. State

District Court of Appeal of Florida

Decided November 26, 2014No. 4D12-4622Published

1Opinion of the CourtDamoorgian, C.J.

Richard Scott appeals his judgment and sentence for one count of resisting arrest without violence. He argues that the trial court erred in denying his motion for judgment of acquittal because the state failed to establish that the arresting officers were legally performing an investigatory stop. We agree and reverse.

At Appellant’s trial, the state presented the following evidence. On the day of Appellant’s arrest, two officers were conducting surveillance on a residence for the purpose of executing an arrest warrant on a man by the name of R.Q. During the course of their surveillance, the…

2Cases cited8 opinions

  1. Illinois v. WardlowSupreme Court of the United States · 2000
  2. United States v. ArvizuSupreme Court of the United States · 2002
  3. United States v. Scotty Lee HudsonCourt of Appeals for the Sixth Circuit · 2005
  4. Slydell v. StateDistrict Court of Appeal of Florida · 2001
  5. Blue v. StateDistrict Court of Appeal of Florida · 2003

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