Florida District Courts of Appeal, 2005

T.J.J. v. State

T.J.J. v. State
Florida District Courts of Appeal · Decided November 16, 2005 · Gersten, Green, Schwartz
913 So. 2d 1267; 2005 Fla. App. LEXIS 18102; 2005 WL 3054156 (Southern Reporter, Second Series)

T.J.J. v. State

Opinion of the Court

PER CURIAM.

T.J.J. appeals his adjudication of delinquency for resisting . arrest without violence. T.JJ.’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.JJ.’s conduct was protected under the First Amendment. L.A.T. v. State, 650 So.2d 214 (Fla. 3d DCA 1995).

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.