Resisting Officer Without Violence Flashcards
What is the standard for investigatory detention?
In cases involving an investigatory detention, it is necessary for the State to prove that the officer had a reasonable suspicion of criminal activity that would support the detention.” Davis v. State, 973 So. 2d 1277, 1279 (Fla. Dist. Ct. App. 2008).
What is Resisting an Officer without Violence?
To constitute resisting an officer without violence: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty. C.E.L. v. State, 24 So. 3d 1181(Fla. 2009).
When do we apply the standard?
This Court has held that a court should ask whether the execution of their duty was unlawful or became unlawful at any point prior to the resistance. See Jessup, 440 Fed. Appx. at 693
Are police officer allowed to stay and investigate? Why is this standard errorneous?
The Officers’ “stay and investigate” standard does not identify the initial police-citizen encounter and confuses the type of Fourth Amendment scrutiny to be applied, i.e. detention v. arrest and reasonable suspicion v. probable cause.
Why do you believe the officers were not mistaken in their jargon but citing a novel standard?
Throughout their brief the Officers confuse the Terry standard for an erroneous standard, i.e. reasonable suspicion to stay and investigate. See Appellant’s. Br. p.2, 24, 26, 27, 32, 33.
What is the standard for a Terry Stop?
Terry requires that in order to stop a citizen the officer must observe unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot. 392 U.S. at 30.
What are the facts of Jessup?
In Jessup, an officer was dispatched to a private residence at 2:45 AM to investigate a stolen ball. During the investigation, the officers learned that no ball had been stolen by the suspects.
What is the holding of Jessup?
Even if it was assumed the officers initially had reasonable suspicion to stop the arrestee and her boyfriend outside of his house, once they learned that no ball had actually been stolen, there was no further basis for suspecting any criminal activity and, thus, no lawful reason to continue any detention
Was it necessary for the Petithomme to produce her identification?
Reasonable officers could have definitively resolved that Petithomme was no longer the target of the investigation by mere observation. What information contained in her drivers license would have provide information that she was not two black males in a white dodge on a public street corner.
Why did you introduce J.L?
demonstrate that the Officers were not executing a legal duty as the initial stop was unlawful
What are the facts of J.L.?
an anonymous caller reported to Miami-Dade Police that a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun. Two officers were dispatched to the bus stop. The officers saw three black males, one of whom, J.L., was wearing a plaid shirt. One of the officers frisked him and seized a gun from J.L’s pocket. J.L. was arrested.
What is the holding of J.L.?
The Supreme Court held that a Terry “stop and frisk” search of respondent based only on an anonymous tip was invalid under U.S. Const. amend. IV.
What are the similarilities?
A Terry stop based on an unknown caller who failed to provide predictive information on criminal activity taken together with police officers failure to corroborate the suspects based on the tip clearly violates the Fourth Amendment.
What does obstruct mean?
In the context of § 843.02 obstruct means “acts or conduct apart from verbal expressions, which operate to physically hinder or impede another in doing something” whereas opposed means “conduct or acts of physical resistance and opposition.”
Did the Court entertain the second prong of 843.02 analysis?
The lower court found there was no lawful duty prior to the resistance, and did not entertain this prong of the analysis pursuant to Jessup.
