E.F. v. State
110 So. 3d 101
Fla. Dist. Ct. App.2013Background
- Juvenile E.F. was found guilty of loitering and prowling after an adjudicatory hearing.
- Detective observed E.F. walking in a burglary-prone neighborhood around 9:00 a.m. with a large satchel and a yellow flashlight.
- Detective contacted E.F., patted him down, and a citizen followed during the encounter.
- From the satchel, items including copper piping and tools were recovered; E.F. claimed possession for scrap items and led officers to a business to verify the story.
- Motion to suppress evidence was denied; E.F. also moved for judgment of dismissal on loitering and prowling, which was denied.
- Trial court adjudicated E.F. delinquent and imposed time-served disposition; on appeal, challenge to loitering and prowling conviction was raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether loitering and prowling requires officer presence | E.F. argues elements must be in officer's presence. | State contends observations suffice for elements. | Guilty verdict reversed; elements not proven in presence. |
| Evidence sufficiency for elements two and one | State failed to prove incipient activity and imminent breach of peace. | State contends observations support elements. | Remanded to vacate disposition; insufficient evidence for both elements. |
Key Cases Cited
- J.M.C. v. State, 956 So.2d 1235 (Fla. 4th DCA 2007) (two elements; incipient activity and imminent breach of peace)
- E.C. v. State, 724 So.2d 1243 (Fla. 4th DCA 1999) (incipient criminal activity standard; presence not satisfied by after-the-fact possession)
- B.J. v. State, 951 So.2d 100 (Fla. 4th DCA 2007) (de novo review of motion for judgment of dismissal; legal sufficiency)
- P.R. v. State, 97 So.3d 980 (Fla. 4th DCA 2012) (loitering needs special care due to potential abuse of statute)
- G.G. v. State, 903 So.2d 1031 (Fla. 4th DCA 2005) (factors for imminent breach of peace; behavior indicating danger to safety)
- Grant v. State, 854 So.2d 240 (Fla. 4th DCA 2003) (presence requirement for loitering/prowling convictions)
- D.S.D. v. State, 997 So.2d 1191 (Fla. 5th DCA 2008) (items found post-stop not altering lack of imminent activity)