22 Questions
What type of words must an officer observe a suspect using to arrest for a violation of F.S.§877.03?
Fighting words
In which situation can an officer arrest a person for violating F.S.§877.03 based on their language?
When the person yells 'fire' in a crowded building
What did the court decide in Smith v. State (2007)?
That the defendant's use of profanity was not sufficient to arrest
What is required for an officer to arrest someone for violating F.S.§877.03 based on their language?
That the person's language tends to incite an immediate breach of the peace
What was the result of the defendant's words in the case of Barry v. State (2006)?
The defendant was not arrested
What was the outcome of the incident where the defendant and his wife exchanged words with three young girls?
At least one of the girls cried
What is necessary for an officer to arrest someone for violating F.S.§877.03?
The officer must observe the person using 'fighting words'
What is an example of a situation where an officer could arrest someone for violating F.S.§877.03?
When someone yells 'fire' in a crowded building
What did the defendant initially tell the officer to do?
Mind her own business
What was the defendant's wife doing during the confrontation?
Talking to the officer about the incident
What did the defendant do after getting out of his car?
Became more aggressive and confrontational
What was the result of the defendant's behavior on the surrounding traffic?
Traffic slowed and stopped to watch the confrontation
What is required to support a conviction for disorderly conduct?
Some evidence that the crowd is responding to the defendant's words
In what way did the motorists react to the scene?
One motorist yelled something about the defendant
What was the outcome of the defendant's conviction for disorderly conduct?
It was overturned due to lack of evidence
What was similar about the defendant's behavior in this case and the behavior in Miller v. State?
Both involved loud and aggressive speech directed at an officer
Who can arrest a defendant before a forfeiture of the bond for the purpose of surrendering him or her?
A surety or a peace officer authorized by the surety
Under what circumstances can a peace officer make a warrantless arrest?
When a surety authorizes the arrest and endorses it on a certified copy of the bond
How long after the forfeiture of the bond can a principal be arrested by their surety?
Two years
What is the purpose of a surety arresting a defendant or authorizing a peace officer to do so?
To surrender the defendant to the official in whose custody they were at the time the bail was taken
Who can perform the functions, duties, or powers of a bail bond agent or runner?
Any person who is qualified, licensed, and appointed as provided in Chapter 648
What is required for a person to act as a bail bond agent or runner?
Qualification, licensure, and appointment as provided in Chapter 648
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.
Arrest by Surety
- A surety can arrest a defendant before a forfeiture of the bond to surrender them.
- A surety can be a bail bond agent, runner, or anyone who has put up the security for the bail bond.
Authorization of Peace Officer
- A surety can authorize a peace officer to make the arrest by endorsing the authorization on a certified copy of the bond.
Warrantless Arrest
- A peace officer can make a warrantless arrest in this case, even though it's not for a felony or misdemeanor committed in their presence.
Timeframe for Arrest
- Under F.S.§903.29, a principal can be arrested by their surety within two years from the date of forfeiture of the bond.
Purpose of Arrest
- The purpose of the arrest is to surrender the principal to the official in whose custody they were at the time the bail was taken, or would have been placed had they been committed.
Licensing and Qualifications
- A person must be qualified, licensed, and appointed as provided in Chapter 648 to act as a bail bond agent or runner or perform their functions, duties, or powers under Chapter 648 of the Florida Statutes.
This quiz covers the circumstances under which an officer can arrest someone for a violation of F.S.§877.03, specifically regarding language usage. Learn about the requirements for arrest, including the use of 'fighting words' and false reporting of physical hazards. legal Guideline #6
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