IN THE INTEREST OF J.H., A CHILD
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The Fourth District Court of Appeal affirmed a disposition order finding a juvenile delinquent for theft of a motor scooter and resisting arrest without violence by giving false identification. The court held that providing false information to a police officer constitutes obstruction under Florida law, particularly when the individual is already under arrest for another offense.
The court affirmed the disposition, holding that giving false information to a police officer constitutes resisting or obstructing an officer under section 843.02. The court found no reason to limit the statute's application where, as here, the appellant was already under arrest for theft before providing his true identity.
[1] Giving a false name to a law enforcement officer can constitute resisting, obstructing, or opposing an officer in the lawful execution of a legal duty, without violence,…
[2] A defendant's correction of false information provided to a law enforcement officer does not necessarily negate a charge of resisting arrest without violence if the false…
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Join FLexlaw to unlock all legal intelligence“Whoever shall resist, obstruct, or oppose any officer ... or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor....”
The statutory language of section 843.02, Florida Statutes (1989), defining the offense of resisting an officer without violence.
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Join FLexlaw to unlock all legal intelligenceThe appellant was stopped for riding a motor scooter without mirrors or a helmet and without identification. He gave the police officer a false name. …
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STONE, Judge.
We affirm a disposition order finding that the appellant committed the delinquent acts of theft of a motor scooter and resisting arrest without violence — by obstructing or opposing an officer by giving false information, a fictitious name. The appellant asserts, among other claims, that the court erred by denying a motion to dismiss the obstruction charge.
The facts are not in dispute. The appellant was stopped for riding a motor scooter without mirrors or a helmet. The appellant had no identification and gave the police officer a false name. The officer, incident to issuing a citation, ran a check on the license tag and learned that the scooter had been reported stolen. The officer then placed the defendant under arrest and read him the Miranda warnings. It was not until after this that the appellant, voluntarily, gave his correct name.
Section 843.02, Florida Statutes (1989), provides, in part:
843.02 Resisting officer without violence to his person. — Whoever shall resist, obstruct, or oppose any officer ... or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor....
The appellant relies upon C.T. v. State, 481 So. 2d 9 (Fla. 1st DCA 1985). There, the court reversed a conviction of a twelve year old child on the same charge. In C.T., the juvenile, stopped for riding a bicycle without a headlight, gave a false name which the officer ran through the computer. Immediately thereafter the juvenile corrected the falsehood, “before any real harm was done.” Id. at 10. The court reasoned that the false identification had not interfered with the officer’s performance of his duties “other than causing a relatively insignificant loss of time.” Id. at 10.
The state relies upon Barkley v. State, 522 So. 2d 431 (Fla. 1st DCA 1988). In that case a defendant, stopped under similar circumstances, gave the officer a false name and several social security numbers. He was immediately placed under arrest because the officer considered that the false information impaired the investigation. However, unlike C.T., the defendant had not recanted. Rather, the defendant, immediately after his arrest for resisting without violence, ran off. In Barkley, the court recognized that an arrest under section 843.02 may be based on the giving of such false information and held that it was valid.
We need not determine whether to concur with C.T. v. State since here the appellant was already under arrest for the theft of the motor scooter before confessing to his true identity. We can discern no reason to limit the application of the statute under such circumstances. We also find no merit in the other issues raised by appellant. Therefore, the order is affirmed.
GUNTHER, J., concurs.
GLICKSTEIN, J., concurs in part and dissents in part with opinion.
GLICKSTEIN, Judge,
concurring in part and dissenting in part.
I would affirm that part of the trial court’s order which found appellant guilty of grand theft but withheld adjudication and that part which ordered appellant to pay restitution to the victim, but would reverse the trial court’s order as to the charge of obstruction of an officer without violence, and reverse and remand with directions to dismiss. See C.T. v. State, 481 So. 2d 9 (Fla. 1st DCA 1985). Dismissal of the obstruction charge would necessitate resentencing on remand.
Cases With Similar Vibessemantic neighbors from the corpus
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Dewayne Fripp v. State, 766 So. 2d 252 (Fla. 4th DCA 2000)…ss and C. T., Fripp twice gave a false name at the scene of the stop and did not correct the falsehood until he was at the booking desk after he was arrested and transported to the police station. This case is controlled by In the Interest of J. H., 559 So. 2d 702 (Fla. 4th DCA 1990), where this court affirmed a defendant’s conviction under section 843.02 for giving a false name after he had been pulled over for a traffic infraction; this court found it significant that the defendant “was already under arrest…
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State v. Townsend, 585 So. 2d 495 (Fla. 5th DCA 1991)…a police officer a false name, is then arrested under Florida Statute 843.03, and after being placed under arrest, prior to booking, gives his correct name? We answer the question in the affirmative and reverse. We agree with In Interest of J.H., 559 So. 2d 702 (Fla. 4th DCA 1990) that the policy reason for excusing false testimony in order to induce witnesses to change their statement and tell the truth as enunciated in P.P. v. State, 466 So. 2d 1140 (Fla.3d DCA 1985) is no longer applicable after an arre…
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Rinaldo v. State, 787 So. 2d 208 (Fla. 4th DCA 2001)…may constitute the misdemeanor offense of obstructing or opposing an officer. See § 843.02, Fla. Stat. (1991). See also Burkes v. State, 719 So. 2d 29 (Fla. 2d DCA 1998); K.A.C. v. State, 707 So. 2d 1175 (Fla. 3d DCA 1998); In the Interest of J.H., 559 So. 2d 702 (Fla. 4th DCA 1990); M.C. v. State, 450 So. 2d 336 (Fla. 5th DCA 1984). If a driver engages in obstructive conduct, in violation of section 843.02, then standard police detention and arrest procedures, rather than checkpoint guidelines, would govern…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- C.T. v. State, 481 So. 2d 9 (Fla. 1st DCA 1985)
- Barkley v. State, 522 So. 2d 431 (Fla. 1st DCA 1988)