Opinion

D. C. E. v. State

  • 381 So. 2d 1097
  • 1979 Fla. App. LEXIS 16357
Court
District Court of Appeal of Florida
Filed
Oct 26, 1979
Status
Published
Author
Mills
On the bench
Ervin, Mills, Reversal, Smith, Would
Cited by
12 cases

holding a minor who shouted "f ___ pigs" three times at police officers from the window of his car at a busy intersection did not violate disorderly conduct ordinance

How later courts described this case

  • holding a minor who shouted "f ___ pigs" three times at police officers from the window of his car at a busy intersection did not violate disorderly conduct ordinance

Written by the judges who cited it.

The opinion

MILLS, Chief Judge,

concurring in part and dissenting in part:

I concur in part and dissent in part. I would affirm the trial court’s order in all respects.

I agree with Judge Smith’s opinion that the. trial court had jurisdiction of the delinquency petition and that the officers were justified in stopping the car in which D.C.E. was a passenger because they were justified under the circumstances in having a reasonable suspicion that the municipal ordinance was being violated.

I disagree with Judges Smith and Ervin that the defendant’s unprovoked and obscene language was. constitutionally protected. There is no doubt in my mind that defendant’s words were fighting words which by their utterance inflicted injury and tended to incite an immediate breach of the peace. White v. State, supra.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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