T.J.J. v. State

Full title: T.J.J., a juvenile, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 16, 2005

913 So. 2d 1267 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D05-225.

November 16, 2005.

An Appeal from the Circuit Court for Miami-Dade County, Maria Espinosa Dennis, Judge.

Bennett H. Brummer, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Michele Samaroo, Assistant Attorney General, for appellee.

Before GERSTEN and GREEN, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

T.J.J. appeals his adjudication of delinquency for resisting arrest without violence. T.J.J.'s loud, obscene, non-violent, verbal protests of police conduct did not incite a breach of the peace or obstruct the police officers from performing their legal duties. See J.G.D. v. State, 724 So.2d 711 (Fla. 3d DCA 1999); K.S. v. State, 697 So.2d 1275 (Fla. 3d DCA 1997). Accordingly, we reverse, finding that T.J.J.'s conduct was protected under the First Amendment. L.A.T. v. State, 650 So.2d 214 (Fla. 3d DCA 1995).

Reversed.