CARLO PIERRE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009)
  …ecution of a legal duty; and (2) [*1186] the defendant’s action, by his words, conduct, or a combination thereof, constituted obstruction or resistance of that lawful duty. See N.H. v. State, 890 So. 2d 514, 516-17 (Fla. 3d DCA 2005); H.H. v. State, 775 So. 2d 397, 398 (Fla. 4th DCA 2000); S.G.K. v. State, 657 So. 2d 1246, 1247 (Fla. 1st DCA 1995). To determine whether the State established the first element, whether the officer was engaged in a lawfully executed legal duty, the court must first look to the…
• Slydell v. State, 792 So. 2d 667 (Fla. 4th DCA 2001)
  …843.02, Florida Statutes, the state must show that: (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 the lawful duty. As we explained in H.H. v. State, 775 So. 2d 397 (Fla. 4th DCA 2000), an individual may be guilty of unlawfully obstructing an officer if he flees while knowing the officer’s intent to detain him and the officer is justified in stopping and detaining him. See also V.L. v. State, 790 So. 2d 1140 (F…

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• J.P. v. State, 855 So. 2d 1262 (Fla. 4th DCA 2003)
  …e. The elements of resisting an officer without violence require that (1) the officer be engaged in the lawful execution of a legal duty and (2) the defendant’s action constitute obstruction or resistance [*1266] of that lawful duty. H.H. v. State, 775 So. 2d 397, 398 (Fla. 4th DCA 2000). As a general rule, flight, standing alone, does not constitute obstructing an officer nor does it give rise to a well-founded suspicion of criminal activity. Mosley v. State, 739 So. 2d 672, 675 (Fla. 4th DCA 1999). Rather,…

Authorities Cited

• Durwin D. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000)