The 2023 Florida Statutes
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The Arrest Report indicates that Mr. Jones was charged with two violations. (See Doc. 43-1 at 1). The first violation is under Florida Statute section 843.02, which is titled “[r]esisting officer without violence to his or her person.” Fla. Stat. § 843.02. The second violation is under Florida Statute section 810.08(2a), which is titled “[t]respass in structure or conveyance.”The defendant argues, and the state concedes, the circuit court must ministerially correct its written sentencing order to conform to its orally pronounced sentence of "time served." Driving without a valid driver's license and leaving the scene of an accident with property damage are second degree misdemeanors for which a person may be sentenced "by a definite term of imprisonment not exceeding 60 days." §§ 316.061(1), 322.39, 775.082(4)(b), Fla. Stat. (2020). Resisting arrest without violence is a first degree misdemeanor for which a person may be sentenced "by a definite term of imprisonment not exceeding 1 year." §§ 775.082(4)(a), 843.02, Fla. Stat. (2020). Thus, the written sentencing order's 591-day prison term, whether viewed cumulatively or individually for each of those charges, exceeded the respective statutory maximums."To establish the offense of resisting an officer without violence, 'the State must prove two elements: (1) the officer was engaged in the lawful execution of a legal duty and (2) the defendant's action constituted obstruction or resistance of that lawful duty.'" Seiracki v. State, 333 So.3d 802, 804 (Fla. 2d DCA 2022) (quoting C.W. v. State, 76 So.3d 1093, 1095 (Fla. 3d DCA 2011)); see also § 843.02, Fla. Stat. (2021). "[I]t is settled that the State cannot prove that the police are in the lawful execution of a legal duty when they arrest a suspect if the arrest itself is executed unlawfully." Nieves v. State, 277 So.3d 745, 751 (Fla. 2d DCA 2019).The third basis on which I would find Johnson's arrest unconstitutional is that this court has found, as far back as "[June 2011] it was clearly established that . . . 'mere words' [do] not suffice to provide probable cause for resisting without violence" under Florida Statute § 843.02. Alston, 954 F.3d at 1319. We have also found that by 2011 it was clearly established that, absent some other form of obstruction, simply declining to cooperate or provide useful information cannot support even arguable probable cause for an arrest under § 843.02. Id. So here, in August 2018, Officer Dunn lacked even arguable probable cause to arrest Johnson under § 843.02 given that 1) the officers were investigating a traffic offense for which Johnson was not a suspect, 2) Johnson merely explained his rights and declined to provide his name, 3) Officer Ramos told Johnson's father that his identification of his son would suffice, and 4) Officer Dunn then quickly received and verified Johnson's information.Andrade argues on appeal that Stephens v. DeGiovanni establishes that the force the officers used to arrest her for violating Section 843.02 was excessive. 852 F.3d 1298 (11th Cir. 2017). But the facts here differ from the facts in Stephens. There, an officer questioned two men working on a car outside of a friend's apartment. Id. at 1307. Without asking Stephens to do anything but hand over his ID-which he did-the officer slapped a Bluetooth device from Stephens' ear, slugged Stephens in the chest twice, stepped on his foot while grabbing him by the neck and slamming him backwards, and twisted his hand. Id. at 1308. The officer handcuffed him, took him to the station, and charged him with resisting an officer without violence under Section 843.02. Id. at 1309. We vacated the district court's order that the officer did not use excessive force. Id. at 1328.As discussed above, Deputy Kinney was engaged in executing a lawful traffic stop, which permitted him to ask for Denson's driver license, proof of insurance, and vehicle registration. By repeatedly refusing to comply with Deputy Kinney's reasonable instructions, Denson willfully interfered with Kinney's lawful activities in violation of § 843.02. See, e.g., Funderburk v. Snyder, No. 2:21-cv-14290-Can, 2023 WL 3879158, 2023 U.S. Dist. LEXIS 51718, at *12-13 (S.D. Fla. Mar. 27, 2023)(finding there was probable cause to arrest under Section 843.02 for failure or refusal to identify oneself when lawfully detained); Alli v. Green, No. 5:20-cv-556, 2022 U.S. Dist. LEXIS 148349, 2022 WL 3544317, at *10-11 (M.D. Fla. Aug. 18, 2022) (finding arguable probable cause to support § 843.02 arrest where suspect refused to identify himself during a Terry stop); Kinney v. Montgomery, No. 15-60767-Civ-DIMITROULEAS, 2018 U.S. Dist. LEXIS 10672, at *35-36 (S.D. Fla. Jan. 22, 2018)(finding probable cause to arrest under Section 843.02 where the officer asked for plaintiff's identification and plaintiff refused to comply).Plaintiff alleges that Katzer arrested her for battery on a law enforcement officer, and/or resisting an officer without violence. Doc. 13 ¶¶ 35, 65. An individual commits battery on a law enforcement officer when she knowingly and intentionally causes bodily harm to, touches, or strikes a law enforcement officer against their will. Fla. Stat. §§ 784.03, 784.07. Resisting an officer without violence requires an individual to knowingly “resist, obstruct, or oppose any officer,” or otherwise knowingly interfere with the officer's lawful activities. Fla Stat. § 843.02; Polite v. State, 973 So.2d 1107, 1113-14 (Fla. 2007); J.M. v. State, 960 So.2d 813, 815 (Fla. 3d DCA 2007). Plaintiff's allegations, taken as true, preclude the existence of probable cause or arguable probable cause for either offense. She alleges that she did not know who grabbed her when Katzer first came into contact with her, but that she did not resist, threaten, or batter him. Doc. 13 ¶¶ 22-23, 36, 66. Further, she complied with lawful orders and did not obstruct his ability to perform his lawful duties. Id. ¶ 67. It would therefore be unreasonable for Katzer to believe that Plaintiff had committed… During Delgado's attempt to arrest Hoffman, Hoffman admits saying, “Get off me cop!,” “You're a piece of shit. You're a piece of garbage buddy” and admits, “while saying, ‘Get off me man' . . . [he] quickly moves [his] own left elbow, with left hand still holding the camera phone, straight down and away from Defendant Delgado towards Plaintiff breaking the pain compliant hold Defendant Delgado ha[d] on Plaintiff's person.” (Doc. 5 at ¶ 34). Hoffman therefore acknowledges resisting arrest. So, by Hoffman's own allegations, probable cause existed to arrest him for violating the Ordinance and for resisting arrest, in violation of Fla. Stat. § 843.01, resisting an officer with violence to his or her person, and Fla. Stat. § 843.02, resisting an officer without violence to his or her person. Hoffman's false arrest claim will therefore be dismissed.(4) resisting an officer without violence, a first degree misdemeanor, contrary to section 843.02, Florida Statutes;Officer Verne argues that he had both arguable and actual probable cause to arrest Buress for five offenses: (1) bribery and unlawful compensation or reward for official behavior, FLA. STAT. §§ 838.015-.016; (2) disorderly intoxication, FLA. STAT. § 856.011; (3) disorderly conduct, FLA. STAT. § 877.03; (4) trespass, FLA. STAT. § 810.09; and (5) resisting an officer without violence, FLA. STAT. § 843.02. (Officers' Mot. Summ. J. at 9-15.) Taking each in turn, the Court concludes that Officer Verne did not have arguable or actual probable cause to arrest Buress for any of the crimes listed.. . . section 901.36(1), Florida Statutes (2018), for giving a false name to police, and violation of section 843.02 . . . Section 843.02 provides: Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . . Therefore, he is guilty of resisting an officer without violence under section 843.02. . . .
. . . . § 843.02 and one count of Reckless Display of a Firearm in violation of Fla. Stat. § 790.10. . . .
. . . give a correct name to a law enforcement officer constitutes the crime of obstruction under section 843.02 . . . M.M. says that under section 843.02, "failing to give one's correct identity is not a crime unless the . . .
. . . State, 24 So.3d 1181, 1185-86 (Fla. 2009) ; see also § 843.02, Fla. Stat. (2016). . . .
. . . (b)(1), Florida Statutes (2015), and resisting an officer without violence, in violation of section 843.02 . . . Section 843.02 provides that resisting an officer in the lawful execution of any legal duty without offering . . . Accordingly, B.M. did not violate section 843.02 by defying the detective's order to stop."); D.L. v. . . .
. . . To be found guilty of resisting an officer without violence under § 843.02, Florida Statutes (2017), . . . To prove the crime, the officer must be lawfully executing a "legal duty." § 843.02, Fla. Stat. . . . the officer's execution of a legal duty or process, not merely CHS's shelter plan for the night. § 843.02 . . .
. . . Section 843.02, Florida Statutes (2014), provides that it is a first-degree misdemeanor to resist, obstruct . . .
. . . 843.01, Florida Statutes (2012); and (4) resisting an officer without violence in violation of section 843.02 . . .
. . . See §§ 316,027(2)(c), .1935(3)(b), 322.34, 782.071(1)(a), 812.014, 843.02, Fla. Stat. (2015). . . .
. . . State, 24 So.3d 1181, 1185-86 (Fla. 2009); see - § 843.02, Fla. Stat. (2014). . . .
. . . . § 843.02, resisting an officer without violence to his or her person, and Fla. . . . Stat. § 843.02, a first-degree misdemeanor. . . . Section 843.02 provides "[w]hoever shall resist, obstruct, or oppose any officer ... in the lawful execution . . . Stat. § 843.02 (emphasis added). . . .
. . . . § 843.02, Fla. Stat. (2015); E.A.B., 851 So.2d at 311. . . . Accordingly, B.M. did not violate section 843.02 by defying the detective’s order to stop. . . .
. . . . § 843.02. The State later dropped the charges. . . . Stat. § 843.02. . . . Stat. § 843.02. . . .
. . . maintained that he could not be convicted of obstructing an officer without violence under section 843.02 . . . In order to prove that a juvenile obstructed an officer without violence under section 843.02, the State . . .
. . . State, 76 So.3d 1093, 1095 (Fla. 3d DCA 2011); see also § 843.02, Fla. Stat. (2014); B.D.H. v. . . . an arrest is an essential element of the charge of resisting arrest without violence under section 843.02 . . .
. . . See § 843.02, Fla. Stat. (2010). The jury convicted Mr. McClain. . . .
. . . . § 843.02). . . .
. . . . § 843.02. . . .
. . . . § 843.02; ii § 775.082(4)(a), which for the duration of his incarceration would have prevented him . . .
. . . Section 843.02, Florida Statutes (2014), provides that “[wjhoever shall resist, obstruct, or oppose any . . .
. . . . § 843.02. . . . To prove a violation of section 843.02, the state must show two things: “(1) the officer was engaged . . . Stat. § 843.02. . . .
. . . The applicable statute, section 843.02, Florida Statutes (2013), provides: Whoever shall resist, obstruct . . . doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree § 843.02 . . .
. . . See § 843.02, Fla. Stat. (2014). We have jurisdiction, See Fla. R.App. P. 9.145(b)(1). . . . “the arrest itself was unlawful, a prosecution for resisting arrest without violence under section 843.02 . . .
. . . However, it cites Florida Statutes § 843.02, which criminalizes resisting an officer without violence . . . Stat. § 843.02. . . .
. . . sentence in this case was for one count of resisting an officer without violence, contrary to section 843.02 . . .
. . . Williams was also convicted of resisting an officer without violence pursuant to section 843.02, Florida . . .
. . . . § 843.02. He was released the next day and the charges were dropped. . . .
. . . Barfield was arrested for resisting without violence in violation of Florida Statute § 843.02 and resisting . . .
. . . W.B. was charged with resisting arrest without violence in violation of section 843.02 of the Florida . . .
. . . Moore was subsequently charged with violating Florida Criminal Statute 843.02: resisting officer — obstructing . . . Stat. § 843.02, which makes it illegal to resist an officer without violence, serious problems doom Pederson . . . Stat. § 843.02, resisting an officer without violence, and Pederson lacked probable cause to arrest Moore . . . Stat. § 843.02 authorizes the officer to arrest a person who refuses to provide identification in response . . . person of the officer, shall be guilty of a misdemean- or in the first degree.... ” Florida Statute § 843.02 . . .
. . . . § 843.02. . . . limited exceptions ..., physical conduct must accompany offensive words to support a conviction under § 843.02 . . .
. . . Stat. (2013), and obstructing a law enforcement officer without violence, § 843.02, Fla. . . .
. . . . § 843.02. The Assistant State Attorney later dismissed the charges against Windsor. . . . qualified immunity because they had arguable probable cause to believe he was violating Florida Statutes § 843.02 . . . An offense under § 843.02 requires that the resistance or obstruction occur while “the officer was engaged . . . to believe that he was engaged in “obstruction or resistance of [a] lawful duty” in violation of § 843.02 . . .
. . . See, e.g., § 843.02, Fla. Stat. . . .
. . . State, 775 So.2d 397, 398 (Fla. 4th DCA 2000)); see also § 843.02, Fla. Stat. (2012). . . .
. . . Section 843.02, Florida Statutes (2013), provides, in pertinent part, that “[w]hoever shall resist, obstruct . . .
. . . . §§ 843.02, 775.082(4)(a). . . .
. . . . § 843.02. . . .
. . . 1995 [657 So.2d 1152], and 2008 [996 So.2d 851], and 2014. 21.2 RESISTING OFFICER WITHOUT VIOLENCE § 843.02 . . . Comment (The-definition-of law enforcement officer is -contained ■in-§§~843,Ql, 843.02, Fla. . . .
. . . . § 843.02, Pastor is shielded by qualified immunity so long as she had probable cause to arrest Durruthy . . .
. . . Section 843.02, Florida Statutes (2011), provides in part that “[wjhoever shall resist, obstruct, or . . .
. . . R.R. was charged with resisting an officer without violence, pursuant to section 843.02, Florida Statutes . . . State, 892 So.2d 522 (Fla. 3d DCA 2004), on the issue. of whether section 843.02 requires a reasonable . . . The supreme court agreed with the Second District that “section 843.02 provides no basis for the interpretation . . .
. . . Texas offense of evading arrest may be similar to resisting an officer without violence under section 843.02 . . .
. . . . § 843.02. . . .
. . . officer’s verbal order to stop, constitutes the offense of resisting without violence under section 843.02 . . .
. . . . § 843.02. . . .
. . . . § 843.02, Fla. Stat. (2008). . § 810.02(1 )(b)(4)(b), Fla. . . .
. . . See §§ 775.082(4)(a), 843.02, 985.435(5), Fla. Stat. (2012); R.F. v. . . .
. . . . § 843.02. This includes any “attempt to oppose or to obstruct the officer.” Post v. City of Ft. . . . Lauderdale, 7 F.3d 1552, 1558-59 (11th Cir.1993) (applying § 843.02). . . . Stat. § 843.02. . . . Stat. § 843.02. . . .
. . . . § 843.02; and (3) disorderly conduct under Fla. Stat. § 877.03. . . . Stat. § 843.02 for resisting an officer without violence. . . . Stat. § 843.02; see Post v. City of Ft. . . .
. . . offense of resisting an officer in the “lawful execution of any legal duty,” as proscribed by section 843.02 . . . ’s response in pulling his arm away from the officer s grasp was not resisting arrest under section 843.02 . . .
. . . In proving a § 843.02 violation, the state must show that “(1) the officer was engaged in the lawful . . . No reasonable officer could have believed that § 843.02 provided probable cause to arrest a nurse who . . . Noel therefore lacked even arguable probable cause to arrest Depalis-Lachaud under § 843.02, at least . . . On these facts, we conclude that Noel had at least arguable probable cause under § 843.02 or § 843.06 . . . Even if § 843.02 does not supply arguable probable cause, § 843.06 does. . . .
. . . State, 742 So.2d 855 (Fla. 1st DCA 1999) (holding that section 843.02, forbidding resisting an officer . . .
. . . arising from his possession of the gun and the other for resisting arrest without violence under section 843.02 . . . He filed a motion to dismiss and a motion to suppress, arguing that section 843.02 was unconstitutional . . .
. . . . § 843.02. . . .
. . . 877.13(l)(a), Florida Statutes (2010), and resisting arrest without violence in violation of section 843.02 . . .
. . . Resisting An Officer Without Violence To support a conviction under section 843.02, Florida Statutes . . . Section 843.02 states as follows: Whoever shall resist, obstruct, or oppose any officer as defined in . . .
. . . . § 843.02, but did not establish that there were exigent circumstances that would justify the warrantless . . . Stat. § 843.02 here. See Ulysse v. State, 899 So.2d 1233, 1234 (Fla. 3d DCA 2005); Gasset v. . . . Stat. § 843.02 under certain circumstances. . . .
. . . (a) and (b); and obstruction of a law enforcement officer without violence, in violation of section 843.02 . . .
. . . . § 843.02. Id. The charges were later dropped. Id. at 1085-86. . . .
. . . Statutes (2010), but was found guilty of resisting an officer without violence in violation of section 843.02 . . .
. . . . § 843.02 (2010); Jacobson v. . . . seeking to escape a legal Terry stop is the lawful execution of a legal duty, and resistance violates § 843.02 . . . resisted them as they tried to restrain him, the officers had probable cause to arrest him under § 843.02 . . .
. . . See §§ 812.13(1), (2)(c); 843.02; 810.09(l)(a), (2)(a); 784.03(1), Fla. Stat. (2010). . . .
. . . section 843.01, Florida Statutes (2010), and resisting an officer without violence pursuant to section 843.02 . . .
. . . To support a conviction for resisting an officer without violence under section 843.02, the State must . . .
. . . . § 843.02, Fla. Stat. (1999). . . .
. . . . § 843.02. . . .
. . . criminal conviction, not even a misdemean- or conviction for resisting an officer without violence, § 843.02 . . .
. . . delinquent as to the sole offense charged — resisting an officer without .violence in violation of section 843.02 . . .
. . . adjudicatory hearing for the offense of resisting an officer without violence in violation of section 843.02 . . . Section 843.02, the resisting without violence statute, provides, in pertinent part, that “[w]hoever . . . State, 890 So.2d 514, 516 (Fla. 3d DCA 2005), “[section 843.02] is unambiguous. . . . (Fla. 3d DCA 2007), where this Court noted that “inaction can constitute interference under section 843.02 . . . (providing false information to non-arresting officer sufficient to support a violation of section 843.02 . . . adjudicated delinquent was the charge of resisting an officer without violence in violation of section 843.02 . . . Section 843.02 states in pertinent part that: Whoever shall resist, obstruct, or oppose any officer as . . .
. . . . § 843.02. Because a plea of nolo contendere constitutes a conviction under Florida law, Fla. . . .
. . . ), Florida Statutes (2007), and obstruction without violence, a misdemeanor in violation of section 843.02 . . .
. . . Cavis argues that he had probable cause to arrest Frias based on Florida Statute § 843.02 which states . . . Florida courts have said, “[t]o support a conviction under section 843.02, the state must show: (1) the . . . Such a reading of § 843.02 would violate the Fourth Amendment. . . . Cavis did not have probable cause to arrest Frias for a violation of Florida Statute § 843.02, and he . . . Although section 843.02 of the Florida Statutes is necessary to ensure that an officer is able to carry . . .
. . . ridiculous,” with a sigh, and Officer Valdes arrested her for obstructing justice in violation of § 843.02 . . . To constitute obstruction of justice, under § 843.02, Florida Statutes, the officer must have been engaged . . . officer after the officer had directed him to stop did not constitute obstruction of justice under § 843.02 . . . State, 34 So.3d 143 (Fla.Dist.Ct.App.2010), the court held that the defendant did not violate § 843.02 . . . reasonable jury could find that the officers lacked probable cause to arrest Jessup for violating § 843.02 . . .
. . . To support a conviction for resisting arrest without violence under section 843.02, Florida Statutes . . . Section 843.02, Florida Statutes (2007) provides: 843.02 Resisting officer without violence to his or . . .
. . . . § 843.02, for obstruction of justice without violence. . . . Stat. § 843.02, which makes it a misdemeanor to “resist, obstruct, or oppose any officer ... without . . .
. . . . § 843.02. . . . Ann. § 843.02, which occurred in the presence of the officers, thus arguably triggering the Florida statute . . . Ann. § 843.02. Mr. . . . Meanwhile, the § 843.02 charge against Ms. Coffin was dismissed. . . . . Ann. § 843.02 provides; “Whoever shall resist, obstruct, or oppose any officer ... personnel or representative . . . But "[t]he threshold for establishing the commission of [obstruction] under [§ 843.02, Fla. . . .
. . . . § 843.02, Fla. Stat. (2009). . . .
. . . . § 843.02, but the charge was dismissed. George lacked arguable probable cause to arrest Kathleen. . . . Although mere words can violate section 843.02, the words must thwart an officer from performing his . . . ” and refusing to answer questions about an associate suspected of burglary did not violate section 843.02 . . .
. . . See § 843.02; see also Nelson v. . . .
. . . execution of any legal duty, without offering or doing violence to the person of the officer.... ” § 843.02 . . . to stay mum did not “sufficiently impede[] the deputies so as to constitute a violation of [section 843.02 . . .
. . . constitutes the offense of resisting, obstructing, or opposing an officer without violence under section 843.02 . . . In C.E.L., the Florida Supreme Court’s reasoning was anchored in its interpretation of section 843.02 . . .
. . . Stat. (2008), and resisting an officer without violence, § 843.02, Fla. Stat. (2008). . . .
. . . the lawful execution of his legal duty, without offering or doing violence to him pursuant to section 843.02 . . .
. . . Here, German was arrested for violating Florida Statute § 843.02, the elements of which require that . . .
. . . . § 843.02. See Maurice Arrest Aff. DE 140-2. . . . Stat. § 843.02. . . . Stat. § 843.02. . . . Stat. § 843.02, as discussed above. . . . Stat. § 843.02 has not changed since 2003, when the arrests were made. . . . .
. . . Mary was arrested for resisting an officer without violence, in violation of Florida Statute § 843.02 . . . Stat. § 843.02. . . . Stat. § 843.02. . . . Stat. § 843.02, Fleeing and Alluding under Fla. . . . Stat. § 843.02; and that all the criminal charges were later nolle prosequied by the State. . . .
. . . See § 843.02, Fla. Stat. As this court stated in Taylor v. . . . This same requirement applies to the crime of resisting arrest without violence under section 843.02, . . .
. . . D.W. was charged with a single count of resisting an officer without violence in violation of section 843.02 . . . a crime: resisting an arrest without violence, a first-degree misdemeanor, in violation of section 843.02 . . . The only question involved here is what evidence is required to prove a violation of section 843.02 when . . .
. . . . § 843.02. Mr. . . . Meanwhile, the § 843.02 charge against Mrs. Coffin was dismissed. . . . .
. . . 316.1935(1), Florida Statutes (2004) and resisting an officer without violence in violation of section 843.02 . . .
. . . Stat. (2007); § 843.02, Fla. Stat. (2007). In Ulysse v. . . .
. . . Here, Plaintiff was arrested for violating section 843.02, Florida Statutes— “Resisting officer without . . . It was granted in a prior Order (Doc. 65). . § 843.02, Fla. Stat. . § 843.01, Fla. Stat. . . . .
. . . . §§ 843.02, 775.082(4)(a), Fla. Stat. (2005). . . .
. . . Because they were thus not then acting in the lawful execution of their duties as Section 843.02, Florida . . .
. . . See § 843.02, Fla. Stat. (2008). . . .
. . . . § 843.02. Mr. . . . Meanwhile, the § 843.02 charge against Mrs. Coffin was dismissed. . . . .
. . . Section 843.02, Florida Statutes (2008), provides: Resisting officer without violence to his or her person . . . constitute obstruction, this court explained the following “general proposition” applicable to section 843.02 . . . 41, 42 (Fla. 4th DCA 1991) (holding that defendant could be charged with obstruction under section 843.02 . . . Based on these facts, words alone were sufficient to charge Leg-nosky with a violation of section 843.02 . . .