S.P. v. State

SCHWARTZ, Chief Judge.

This is an appeal from an adjudication of delinquency based upon findings that the seventeen year-old male respondent, S.P., was guilty of loitering and prowling and resisting the arrest for that offense without violence. We reverse.

I

Under the decided cases, the behavior which formed the basis of the charge, which consisted of the boy’s being seen by the arresting officer “standing over by [a cemetery] wall, by the bushes, crouched down by the bushes” near several vehicles visiting the cemetery at two o’clock on Christmas Day afternoon,1 was insufficient to establish the…