In a recent juvenile case in Jacksonville, Florida, an appeals court overturned the child’s adjudication as a delinquent because the arrest was unlawful. The case was from 2009 and the child was with several teenagers outside a local business. Apparently, the kids were loud and the police were called. When the police came to the scene, everyone was quiet. Even though everything had calmed down, the officer told the teens to leave the premises. The child in this case, M.M., walked away. The officer followed and asked him for his i.d. When the child refused, he was arrested for resisting an officer without violence, a first degree misdemeanor. The appeals court found that the child was not legally detained at the time he refused to give his name and the child’s conviction was thrown out.
In Jacksonville and all over Florida, there is a crime called Resisting an Officer Without Violence to His or Her Person. If you resist, obstruct, or oppose any officer in the LAWFUL execution of any LEGAL duty, without offering to do violence to the officer, you can be arrested for this first degree misdemeanor. In M.M.’s case, the appeals court found that the officer was not executing any legal duty because the disturbance was over and because of that, child did not have any obligation to give his name.