16 Questions
What was the defendant's initial response to the officer's attempt to speak with him?
He told the officer to mind her own business.
What did the officer attempt to do after the defendant got into his car?
Speak with the defendant's wife about the incident.
What did the defendant do when the officer attempted to speak with his wife?
He got out of his car and began screaming obscenities at the officer.
What was the result of the defendant's actions during the confrontation?
The traffic in front of the elementary school slowed and stopped to watch the confrontation.
What is necessary to support a conviction for disorderly conduct?
Evidence that the crowd is actually responding to the defendant's words in some way that threatens to breach the peace.
What was the outcome of the defendant's conviction for disorderly conduct?
The conviction was overturned due to insufficient evidence.
In what case was the defendant's conviction for disorderly conduct overturned due to solely verbal conduct?
Miller v. State.
What was the defendant's statement in the L.A.T. v. State case?
Is everybody watching this, police brutality, Rodney King style?
What is a necessary condition for an officer to arrest a suspect based on language under F.S.§877.03?
The suspect's words must inflict injury or tend to incite an immediate breach of the peace
What is an example of language that could lead to an arrest under F.S.§877.03?
Yelling 'fire' in a crowded building
What was the outcome of the case in Smith v. State?
The arrest was not proper
What was the reaction of the witnesses in the Smith v. State case?
They were curious or annoyed
What is the rule regarding language directed at a law enforcement officer under F.S.§877.03?
It is considered 'fighting words' only if it incites an immediate breach of the peace
What was the outcome of the incident where the defendant exchanged words with three young girls?
The officer approached the defendant to ask about the incident
What is the key factor in determining whether language can lead to an arrest under F.S.§877.03?
The context in which the language was used
What is the result of using language that tends to incite an immediate breach of the peace?
It can lead to an arrest under F.S.§877.03
Study Notes
Disorderly Conduct and Language
- To make an arrest for violating F.S.§877.03 based on language, an officer must observe the suspect using "fighting words" that inflict injury or tend to incite an immediate breach of the peace.
- "Fighting words" include words known to be false, reporting some physical hazard, and creating a clear and present danger of bodily harm to others (e.g., yelling "fire" in a crowded building).
Cases and Rulings
- In State v. Saunders (1976), the court ruled that an officer can arrest a suspect based on language that tends to incite an immediate breach of the peace.
- In Smith v. State (2007), the court ruled that using profanity and cursing at a bank and its assistant manager was not sufficient to support an arrest for disorderly conduct, as there was no evidence of inciting an immediate breach of the peace.
- In Barry v. State (2006), the court ruled that even if language is directed at a law enforcement officer, it is not sufficient to support an arrest for disorderly conduct without evidence of inciting an immediate breach of the peace.
Key Factors
- For a conviction of disorderly conduct, there must be evidence that the crowd is actually responding to the defendant's words in some way that threatens to breach the peace.
- Mere observation or curiosity by onlookers is insufficient to support a conviction.
- Verbal conduct alone, without physical action, may not be sufficient to support a conviction for disorderly conduct.
Learn about the laws and regulations surrounding fighting words and breach of peace, including the criteria for arrest and notable court cases. Legal Guideline #6
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