AW v. State
82 So. 3d 1136
| Fla. Dist. Ct. App. | 2012Background
- 911 call reported a peeping tom; anonymous callers identified the defendant to responding officers.
- Officer did not obtain names/addresses or a copy of the 911 call; anonymous tips remained unverified.
- Officer asked the defendant for name/address; he refused and attempted to call on his cell phone.
- Second officer grabbed the defendant’s arm; the defendant began flailing and yelling, and was handcuffed.
- Trial court denied motion for judgment of dismissal on resisting an officer without violence; evidence challenged the lawful execution of a legal duty.
- Court reversed as to resisting without violence but affirmed as to battery on a law enforcement officer; good-faith finding for battery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable suspicion for detaining the defendant | A.W. argues officers lacked reasonable suspicion to detain him. | State contends the tip supported a detention in the lawful execution of a duty. | Reversed in part: no reasonable suspicion supported detention for resisting without violence. |
| Liability for battery on a law enforcement officer | A.W. contends conviction should be reversed due to unlawful detention. | State argues officers acted in good faith; battery conviction stands. | Affirmed in part: battery conviction upheld; good-faith exception applied. |
Key Cases Cited
- M.M. v. State, 72 So.3d 328 (Fla. 4th DCA 2011) (de novo review; requires reasonable suspicion for investigatory detention)
- T.L.T. v. State, 53 So.3d 1100 (Fla. 4th DCA 2011) (jurisdictional standards for sustaining convictions when evidence is limited)
- O.B. v. State, 36 So.3d 784 (Fla. 3d DCA 2010) (necessity of unlawful seizure analysis in resisting cases)
- Baptiste v. State, 995 So.2d 285 (Fla. 2008) (reliability of citizen informants; contrast with anonymous tips)
- McKelvin v. State, 53 So.3d 401 (Fla. 4th DCA 2011) (anonymous, face-to-face tips vs. anonymous telephone tips)
- Rewis v. State, 722 So.2d 863 (Fla. 5th DCA 1998) (unreliability of anonymous tips lacking identifying information)
- United States v. Christmas, 223 F.3d 141 (4th Cir. 2000) (credibility and accountability concerns with informants)
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (standard for whether a reasonable person would feel free to decline contact)