KENDRIC DEMARCUS MCNEILL
v.
THE STATE OF FLORIDA
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An officer's execution of a legal duty in stopping a person is lawful when the officer has founded suspicion or probable cause, and reasonableness is determined by the totality of circumstances known to the officer at the time of the stop.
[1] An officer's execution of a legal duty satisfies the statutory element of resisting an officer without violence when the officer has either founded suspicion to stop the…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The element of lawful execution of a legal duty is satisfied if an officer has either a founded suspicion to stop the person or probable cause to make a warrantless arrest.”
Citation to E.A.B. v. State, 851 So. 2d 308, 311 (Fla. 2d DCA 2003), establishing the legal standard for lawful officer conduct in resisting charges.
Kendric Demarcus McNeill was charged with resisting, obstructing, or opposing a police officer in the execution of a legal duty without offering or do…
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Third District Court of Appeal State of Florida
Opinion filed July 24, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0106 Lower Tribunal No. F20-14475B ________________
Kendric Demarcus McNeill, Appellant,
vs.
The State of Florida, Appellee.
An appeal from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.
Eugene F. Zenobi, Regional Counsel, and Kristen Kawass, Assistant Regional Counsel, for appellant.
Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.
Before LOGUE, C.J., and SCALES, and MILLER, JJ.
PER CURIAM.
Affirmed. See § 843.02, Fla. Stat. (2020) (“Whoever shall resist, obstruct, or oppose any officer . . . 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 of the first degree . . . .”); see also E.A.B. v. State, 851 So. 2d 308, 311 (Fla. 2d DCA 2003) (“The element of lawful execution of a legal duty is satisfied if an officer has either a founded suspicion to stop the person or probable cause to make a warrantless arrest.”); Slydell v. State, 792 So. 2d 667, 671 (Fla. 4th DCA 2001) (“Whether an officer’s suspicion is reasonable is determined by the totality of the circumstances which existed at the time of the stop and is based solely on facts known to the officer before the stop.”); Grant v. State, 718 So. 2d 238, 239 (Fla. 2d DCA 1998) (“Factors that may be considered include: the time of day[,] the appearance and behavior of the suspect[,] . . . and anything incongruous or unusual in the situation as interpreted in light of the officer’s knowledge.”); J.A.R. v. State, 331 So. 3d 220, 224 (Fla. 2d DCA 2020), quashed on other grounds, 318 So. 3d 1256 (Fla. 2021) (affirming adjudication of delinquency for offense of resisting officer without violence where defendant ignored clear command to stop).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Slydell v. State, 792 So. 2d 667 (Fla. 4th DCA 2001)
- Vidal Soto v. State, 851 So. 2d 308 (Fla. 3d DCA 2003)
- Grant v. State, 718 So. 2d 238 (Fla. 2d DCA 1998)
- Montanez-Hernandez v. State, 318 So. 3d 1256 (Fla. 2d DCA 2021)
- A.R. v. State, 263 So. 3d 788 (Fla. 5th DCA 2019)