Disorderly Conduct Flashcards
What is the holding of Saunders?
Saunders held that § 877.03 is violated if words intend to incite others to breach the peace, or is a false statement which creates a clear and present danger of harm to others.
Do you agree with the Officers contention that 877.03 is constitutionally vague and poorly drafted?
In order to avoid constitutional challenges presented by the vague wording of § 877.03, the Florida Supreme Court narrowed the statute’s application in State v. Saunders, 339 So. 2d 641 (Fla. 1976).
What were the statements made to Officers?
Petithomme made several statements/questions to the Officers and they were: “What was the description of the vehicle” [R.58 ¶ 15], “She would not allow the search of her vehicle” Id. ¶ 17, “Why were they searching her vehicle” Id. ¶ 19, and “Here’s my identification” Id. ¶ 21. [T]here are no allegations that would support a finding that Plaintiff’s statements/questions could be perceived by the Officers as fighting words or words intended to incite panic.”
What was the non-verbal conduct that gave rise to arguable probable cause for an arrest for disorderly conduct?
there was no physical conduct that accompanied her words to constitute disorderly conduct. Specifically, the Officers received a dispatch to investigate two black males in a white dodge, no questions were asked pertaining to the actual investigation, Officers stopped Petithomme on private property, demanded identification, allowed Petithomme to go into her home for said identification, searched her vehicle without authorization, Petithomme was upset at the unlawful search, Officers repeatedly yelled at her, 2 or 3 neighbors observed the incident with no reaction, 25 Petithomme produced the identification, Petithomme was immediately arrested after she said, “Here’s my identification,” and Martin stated the reason for the arrest (i.e. he did not like the way she gave him the identification and how would he explain the search of the vehicle).
What was the lower court’s finding of Petithomme’s conduct?
the court stated: it appears, at most, that Plaintiff screamed loudly at Officer Martin and refused to stop screaming. Such verbal conduct is insufficient for an arrest for disorderly conduct
How does the unlawful stop affect the disorderly conduct analysis?
Even if there were any facts to support arguable or actual probable cause for disorderly conduct, they existed after the detention should have ceased.
What was the lower court’s finding on the unlawful stop affect on disorderly conduct?
In evaluating this claim, it is an important consideration that the Terry stop should have ended prior to Plaintiff becoming “upset” following the unauthorized search of her car and prior to Plaintiff putting the identification card in Defendant’s line of sight and the neighbors exiting their homes. Thus, when conduct occurred that forms the basis for the disorderly conduct charge, the Officers were no longer legally detaining Plaintiff to conduct an investigation.
Has case law stake out a bright line rule regarding the disorderly conduct statute
Florida Supreme Court in Saunders, Florida Court Appellate Case, and the Eleventh Circuit has recognized that mere words cannot support arguable probable cause. See Davis v. William
Did the court applied the correct standard?
Eleventh Circuit considered cases involving conviction reversals in assessing whether arguable probable cause existed for the arrests challenged in those cases.
