Florida/Georgia Personal Injury & Workers Compensation

...Arguable probable cause, which is distinct from actual probable cause, is found where a reasonable officer "could have believed that probable cause existed." Moore v. Gwinnett County, 967 F.2d 1495, 1497 (11th Cir.1992), cert. denied, 506 U.S. 1081, 113 S.Ct. 1049, 122 L.Ed.2d 357 (1993). Section 806.10(2) of the Florida Statutes provides that "Any person who willfully or unreasonably interferes with, hinders, or assaults, or attempts to interfere with or hinder, any firefighter in the performance of his or her duty shall be guilty of a felony of the third degree...." § 806.10(2) Fla.Stat....

...tear it up, it was reasonable for Eggert and Watson to believe that the plaintiff was interfering with a firefighter's attempt to fulfill one of his primary responsibilities. The plaintiff argues that there was no probable cause for her arrest under § 806.10 because that section only applies to firefighters who are extinguishing a fire or attempting to save someone's life. In Robinson v. State of Florida, 673 So.2d 114, 115 (Fla. 4th DCA 1996), the court found that the defendant violated § 806.10 by refusing to move his vehicle when told by a firefighter that it was blocking the path of an emergency medical vehicle. See id. The court in Robinson read § 633.30 in pari materia with § 806.10 to find that § 806.10 is violated by interfering with a firefighter performing a duty delineated in § 633.30....

...o believe that Stachel was interfering with the performance of that duty when she tore up the fire inspection form. Therefore, the defendants are entitled to qualified immunity because they had arguable probable cause to arrest Stachel for violating § 806.10(2)....

...en the arrest was supported by probable cause, and the claim for false arrest fails. Id. at 95. "The arrest was a single, indivisible event." Sholley, 49 F.Supp.2d at 18-19. Thus, because there was arguable probable cause for the charge of violating § 806.10(2), the arrest was supported by probable cause and the claim for unconstitutional arrest fails....

...Plaintiff alleges that Defendant “fail[ed] to promptly and accurately report to the FDA incidents and problems with the EnPulse E1DR21 that occurred after the device received [PMA],” in violation of 21 U.S.C. § 360i, 21 C.F.R. § 803.50 (a), 21 C.F.R. § 806.10 (a), 21 *1199 C.F.R....

...By simply disengaging the smoke detectors in a willful and malicious manner, appellant committed this latter crime. Likewise, this latter crime is not subsumed by the criminal theft because theft does not require a willful and malicious intent to injure, destroy or remove property. WILLFUL AND MALICIOUS REQUIREMENT OF SECTION 806.10(1) Appellant also argues that his conviction under subsection 806.10(1), Florida Statutes (1995), cannot be sustained because the state did not prove that he "willfully and maliciously" disturbed or damaged the smoke detectors....

...It may involve merely an act which is against good morals and wrongful in and of itself, and which necessarily causes injury and is done intentionally. Black's Law Dictionary 1434 (5th ed.1979). We find that the terms "willfully and maliciously" as used in subsection 806.10(1), Florida Statutes (1995), do not mean that a defendant must harbor actual ill will toward the owner of the property, but rather, that a defendant acted intentionally and without justification or excuse....

...detectors beyond a reasonable doubt, as well as its decision to adjudicate appellant guilty of the lesser offense of petit theft, is affirmed. Appellant's convictions and sentences are affirmed. AFFIRMED. THOMPSON and ANTOON, JJ., concur. NOTES [1] Section 806.10, Florida Statutes (1995) provides: 806.10....

...fering with a firefighter, because the firemen involved were not engaged in their duties as firefighters. He argues that in attempting to save a human life, the firefighters were acting outside the scope of their duties. Robinson was convicted under section 806.10, Florida Statutes (1993), which reads in pertinent part: Preventing or obstructing extinguishment of fire (2) Any person who willfully or unreasonably interferes with, hinders, or assaults, or attempts to interfere with or hinder, any...

...responsibility is the prevention and extinguishment of fires, THE PROTECTION AND SAVING OF LIFE AND PROPERTY, and the enforcement of municipal, county, and state fire prevention codes.... (Emphasis added.) Reading section 633.30 in para materia with section 806.10, it is clear that an individual violates section 806.10 by interfering with a firefighter who, in the course of his or her employment, is attempting to save a human life....