MM v. State
72 So. 3d 328
| Fla. Dist. Ct. App. | 2011Background
- M.M., a juvenile, appealed a disposition finding him guilty of resisting arrest without violence.
- The State charged M.M. based on Officer #2's stop during an investigation of a reported fight near 6th Avenue and Commercial Boulevard.
- An anonymous tip prompted the stop; Officer #1 observed four juveniles, with one appearing disheveled, but nothing unlawful observed.
- Officer #2 stopped two juveniles who walked away; M.M. continued walking and eventually confronted the officer, leading to a physical encounter.
- The trial court denied motions to dismiss, and ultimately found M.M. guilty of resisting arrest without violence with sanctions.
- The appellate court reversed, holding the stop lacked reasonable suspicion and remanded for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Officer #2's stop supported by reasonable suspicion? | M.M. argues there was no reasonable suspicion to stop him. | State contends the stop was supported by proximity to the reported fight and behavior of others. | No reasonable suspicion; reversed and remanded for dismissal. |
Key Cases Cited
- Fuentes v. State, 24 So.3d 1231 (Fla. 4th DCA 2009) (limit on on-scene investigatory stops requires corroborated evidence of unlawful acts)
- W.W. v. State, 993 So.2d 1182 (Fla. 4th DCA 2008) (elements of resisting arrest without violence hinge on lawful execution of duty and obstruction)
- Popple v. State, 626 So.2d 185 (Fla. 1993) (totality of circumstances governs reasonable suspicion standard)
- Baptiste v. State, 995 So.2d 285 (Fla. 2008) (anonymous tips require corroboration through observed suspicious activity)
- Levin v. State, 449 So.2d 288 (Fla. 3d DCA 1983) (being out on street during late hours cannot alone justify detention)
- Tillman v. State, 934 So.2d 1263 (Fla. 2006) (lawfulness of stop under lawful duty analysis discussed)