531 So. 2d 1026 | Fla. Dist. Ct. App. | 1988
Appellant appeals his adjudication of delinquency for obstructing a police officer contrary to section 843.02, Florida Statutes (1987). We reverse, finding that the facts in this case do not rise to the level of obstructing a police officer.
The sheriff was called by an irate tenant at an apartment complex, about an altercation at the complex swimming pool. Appellant and others were being “rowdy” and splashing the tenants while they were trying to sun and read.
The deputies attempted to talk to appellant and his friend. Appellant refused to answer any questions so the deputy turned to his companion to ask him some questions. Appellant told his friend not to answer the questions. Under the circumstances, the pair were free to decline to answer questions.
REVERSED.
. Appellant lives with his mother at the apartment complex.
. Jacobson v. State, 476 So.2d 1282, 1285 (Fla.1985); see also Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
. By our recitation of the absence of these facts, we do not imply that these facts must be present to constitute "obstruction.”