A.R. v. STATE

No. 4D12-2105.

127 So.3d 650 (2013)

A.R., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 20, 2013.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Nan Ellen Foley and Patrick Delaney , Assistant Public Defenders, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard Valuntas , Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Appellant argues that his motion for judgment of dismissal on the charge of resisting an officer without violence should have been granted. We agree, because the arresting officers' bare assertion that they were "investigating a possible crime" did not establish reasonable suspicion or probable cause to detain appellant. Thus, the state failed to establish that the officers were acting in the execution of a legal process or duty — an essential element...

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