# D. C. E. v. State

> District Court of Appeal of Florida · October 26, 1979 · 381 So. 2d 1097

URL: https://www.frixlaw.com/law-library/cases/7502227

## Case

- **Full name:** D. C. E., a child v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** October 26, 1979
- **Citations:** 381 So. 2d 1097; 1979 Fla. App. LEXIS 16357
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mills
- **Judges:** Ervin, Mills, Reversal, Smith, Would
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7502227

## How later opinions describe it (automated extraction)

- 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
- 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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7502227. Public record. Not legal advice.