J.V. v. State

The issue in this case is whether a person who identifies an undercover officer as an officer, and thus frustrates the officer’s attempt to purchase drugs from a suspected drug seller, is guilty of obstructing a police officer in the lawful performance of a legal duty. We hold that the conduct, which consisted only of speech, is not a crime.

Detective Silverman of the St. Lucie County Sheriffs Office, who was operating undercover, was attempting to purchase drugs from a suspect. The suspect was speaking to the officer while the officer was sitting in his vehicle. Before any illegal activity…