Resisting Officer With / Without Violence Case Results

Internal Reference #1017

Facts: The Defendant intentionally punched the victim in the chest with his right closed fist, in Officer V’s presence. The Defendant then violently resisted my efforts to arrest him by attempting to strike Officer V and the victim again. The Defendant aggressively swung his right fist towards Officer V, as Officer V was trying to grab his arm to place him into custody. Officer V could not get the Defendant’s arm behind his back, so he was forced to direct him to the ground. Once on the ground, Officer V received help from a security guard/witness in order to place him into custody. Officer V sustained multiple abrasions to my left hand and right knee as a result of the Defendant’s violent actions.

The defendant was arrested and charged with Resisting Officer with Violence (843.01) a third degree felony punishable by up to 5 years and misdemeanor Battery (784.03(1)(A)(1).

Results: After negotiations, Mr. Foley was able to convince the state to file the lesser charge and ultimately the defendant accepted a plea to misdemeanor resisting without violence and the battery charge was dropped. The defendant received a withhold adjudication for resisting without violence and 6 months probation for the Defendant along with Anger Management for 13 weeks along with court costs. No Felony, No Prison, No Jail, and No Conviction.

Internal Reference #1020

Facts: The defendant Stated “Fuck all of you.” Officer Y then instructed the defendant approximately “3” times to leave the area, due to the fact that he was instigating the crowd ever further. The defendant stated, “I’m not leaving, and you can’t make me.”

Due to the fact that the defendant would not leave the area as instructed, Officer Y advised at which time that he would be detained for the above incident.

Officer Y then for officer safety conducted a pat down of the defendant’s persons for any weapons. The defendant became combative by bracing and tensing his arms and not complying with the officer’s verbal commands.

Officer Y then instructed the defendant to sit on the ground; he repeatedly tried to get up in an attempt to impede my investigation.

While placing the defendant in restraints for his aggressive actions, he then again tensed his arms, in an attempt not to be handcuffed. This action caused near witnesses to become irate, which placed myself and fellow officers in immediate danger.

The defendant was placed under arrest for resisting without violence, and disorderly conduct.

The defendant was placed in the back of Officer Y’s marked unit.

Officer Y then made contact with a witness.

The witness stated while working security, he observed the defendant trying to instigate a fight inside of the club, by yelling obscenities at the patrons. The witness stated he along with other security staff attempted to instruct the defendant to leave the area, however, they were unsuccessful.

The witness stated that the defendant’s actions inside the nightclub began to turn violent, as numerous patrons fled into the parking lot to start a fight. The witness stated that was when he called police to respond.

Officer Y then made contact with another witness who gave a similar account as the first witness. The second witness stated that the defendant unlawfully breached the peace of the club by screaming obscenities at the patrons, and also tried to start a riot.

Referring to Resist without violence: While attempting to place the defendant into custody, the defendant did begin to brace and pull away from Officer Y. The defendant was told to place his hands behind his back multiple times, in which he refused to comply. The defendant was directed against a vehicle, and with assistance from other officers, was placed into custody. The defendant was transported to jail for processing.

The defendant was arrested and charged with Disorderly Conduct and Resist/Obstruct/ W/O Violence

Results: Mr. Foley had both charges dismissed for the defendant. All charges dismissed.

Internal Reference #1139

Facts: On April 5 ^th , at approximately 12:52 PM, Officer R was dispatched to a department store location at the mall in reference to the defendant that had just opened up a department store credit card using someone else’s social security number. While en route to the area, mall security advised that the subject(2) was in the lower level of another department store. Officer T arrived and located the subject(2) fitting the description. The department store loss prevention officers (witnesses) were present and positively identified the subject(2) as the one who had opened the credit card.

Loss Prevention Officer C(witness) advised that the sales associate called her about a suspicious customer opening an account. The account was opened by using a name with a Social Security number. The Loss Prevention Officer was able to run the Social Security number through the issuing creditor and discovered that the Social Security number came back to a different name out of a different state. The Loss Prevention officer further stated that the suspect(2) was with another subject(defendant).

While Officer R and Officer T were attempting to interview the subject(2), Loss Prevention advised that the defendant that the subject(2) was with walked past the officers towards the exit into the mall. Officer T stopped that subject and asked him to return. The defendant came back to where they were standing, at which time he was advised that he was a suspect in a crime and that the two officers were conducting an investigation. At that time, Officer T attempted to conduct a pat down for weapons. The defendant was asked to place his hands on the counter. Despite this, the defendant was insistent on trying to reach for something that was in his left front pocket. The pocket appeared to have some type of large “bulge”. Officer T needed to physically grab the defendant’s arm in order to prevent him from reaching into his pants pocket. The defendant was ordered verbally not to reach however despite numerous commands he continued. The defendant then attempted to walk away from Officer T. Based on the defendant’s actions, it was necessary for Officer T to escort the defendant to the ground in order to secure him. It was afterwards that the pat down could be completed and Officer T could verify that the defendant was not armed. On the defendant were numerous credit cards (43), some having different names.

Post Miranda warning, the defendant stated that he did not know who the credit cards in his possession with other names belong to. After Officer R attempted to ask the defendant other questions he stated, “You know that we are not going to cooperate with you”.

Search incident to arrest on the original subject(2) who applied for the department store credit card, a black wallet was found on his person containing a non-official Florida identification card with his name on it. In addition there were four other credit cards.

Post Miranda warning subject(2) was asked for his name to which he gave a name. Subject(2) was questioned in regards to the credit cards in his possession. Subject(2) stated that he did not know who they belonged to and would not answer any other questions. After further check of subject(2)’s wallet, two Florida Uniform Traffic Citations were found with another name on them from the name given to the officers. A check of the drivers license on the citation as conducted through the Driver and Vehicle Information Database System and the image was that of subject(2)

Based on the above Facts and circumstances, subject(2) was positively identified through his Florida Drivers License and was arrested.

The defendant was arrested for Resisting Without Violence. It was also undetermined due to the different identification carried by the defendant as to his true identity.

It should also be noted that Officer R contacted the U.S. Department of Homeland Security, United States Secret Service and spoke with Agent W and advised him of the circumstances. Two agents responded to the police station and collected information on the subjects. The agents were able to determine that the credit cards were not fraudulent, however it was unknown as to how the credit cards were obtained (what social security numbers they were issued under). All property was placed into evidence due to further investigation by the Secret Service.

The defendant was arrested and charged with Resisting Without Violence (843.01)

Process: Mr. Foley filed a motion for No Probable Cause to stop the defendant and illegal detention. After reviewing Mr. Foley’s Motion to Suppress, the state agreed and the case was dismissed.

Results: Dismissed

Internal Reference #1161

Facts: The defendant was charged with Resist Officer- Fail to obey police or fire department and Failure to Wear Seatbelt

Results: Resist Officer- Fail to obey police or fire department – Withhold of Adjudication and court costs.

Internal Reference #5002

Facts: As officers attempted to conduct their investigation involving the arrest of the co-defendants, defendant began yelling at officers, “Let my sister go!” Defendant was referring to co-∆. ∆ was instructed to vacate the area and advised that it was an active crime scene. ∆ refused to leave and then stated, “Take me to jail, then.” ∆ arrested. ∆ actions placed officer’s safety at risk.

Process: Depositions and set for trial.

Charges: Resisting without violence (843.02)

Result: Resisting without violence (843.02) – Dismissed

All charges dismissed

Internal Reference #5010

Facts: Security guard: ∆ entered store. Both ∆ and co-∆ selected several pairs of pants. ∆ handed her selection to co-∆. Both looking around, co-∆ placed all of the pants into her purse. Both then went to women’s restroom. Both then exited store without making any purchase. Outside the store, guard identified himself as security and asked both to return to the store. ∆ started shouting at guard, telling him to leave them alone. ∆ restrained co-∆ but ∆ started pulling at co-∆. Guard pushed co-∆ against glass door while ∆ pulled at guard. Guard explained both must return to store. Both shouted and tried to on co-∆’s purse.

Police: ∆ did knowingly and intentionally commit the crime of retail theft. The store security guard observed ∆ and co-∆ select various women’s underwear items valued at $15. Guard saw ∆ and co-∆ conceal merchandise in co-∆’s purse. Guard saw ∆ and co-∆ enter restroom. Employee ∆ and co-∆ putting their pants back on from underneath stall door. Guard said ∆ and co-∆ then exited restroom and exited store, passing all registers and making no attempt to pay for the concealed merchandise. ∆ and co-∆ were apprehended outside store. While officer attempted to interview co-∆, ∆ stepped in between and started yelling. When officer attempted to put ∆ in handcuffs, became resistant by tensing and bracing, holding arms in front of her body refusing to put behind her back.

Process: ∆ was a minor. Hired for petit theft.

Charges:

1. Petit theft (retail) (812.041(3)(a))
2. Resisting without violence (843.02)

Result:

1. Petit theft (retail) (812.041(3)(a)) – withheld adjudication, stern judicial warning
2. Resisting without violence (843.02) – withheld adjudication, stern judicial warning

Internal Reference #6001

Facts: Incident 1: While on routine patrol, officer observed a car driving recklessly southbound. Officer initiated traffic stop by turning on his department-issued emergency blue lights. Upon making contact with the ∆, he became very combative and disruptive. While speaking to the ∆, officer asked him to please turn down the radio so that he could hear ∆, and ∆ replied, “Fuck you bitch, I don’t have to turn shit down. This is my car and if I wanna listen to the music loud then I will.” Officer also asked ∆ to keep his hands in view on the steering wheel and he replied, “Fuck you! I ain’t doing shit.”

At that time, officer requested for back-up unit. While waiting for a back-up unit to respond, another police unit observed the traffic stop and assisted. Once Officer N. arrived, officer asked the ∆ to step out of the vehicle and he replied, “No, I’m not getting out of the vehicle. Fuck you! Give me a reason to get out of the vehicle.” Officer then advised the ∆ that he was under arrest for reckless driving and to step out of the vehicle. The ∆ replied, “Fuck that, I’m not getting out of the vehicle. If you gotta pull me out then go ahead. No!” At that time, officer began to reach for the ∆’s left arm in order to remove him from the vehicle. In doing so, the ∆ did not comply and began pulling away, kicking and yelling loud verbal obscenities. At that time, both Officer N. and the officer immediately restrained the ∆ by placing handcuffs on him. While handcuffing the ∆, Deputy C. responded as back-up and observed how the ∆ was resisting and being combative. Once the ∆ was placed into handcuff restraints, he began attempting to spit on the officers.

At the time, both Officer N and the officer restrained the ∆ by holding him by the neck face down on his vehicle, in order to keep him from spitting on them. In result, the passenger became very combative and began causing a disturbance. The passenger was temporarily detained by Deputy C. for safety.

At that time, officer requested for additional units, due to the ∆ still being very combative, spitting and resisting while in handcuffs. Deputy B. responded with some other units. Officer N. and officer immediately placed the ∆ into Deputy B.’s marked unit in order to contain him. After placing the ∆ into the marked unit, the ∆ began kicking the back window. Deputy B. advised the ∆ to stop kicking the window and ∆ replied by spitting.

Incident to arrest, officer found a marijuana blunt in the ash tray and a clear plastic baggy containing marijuana residue lying in the driver side door pocket. Due to officer’s training and experience, he could identify this as suspect marijuana.

Incident 2: Officer observed ∆ being verbally abusive and belligerent to EMT S. As officer tried to remove ∆ from the situation, he moved toward the vestibule and then turned and spat in officer’s face. Officer immediately took ∆ to the ground. As ∆ resisted, officer lost his balance and slammed the left side of his head into the steel doorframe, causing a laceration to his left ear and causing him to become dizzy. Deputies responded and took custody of ∆. After being searched, ∆ was taken to the nurse’s station to be treated for a small laceration he received in the altercation above his right eye. EMT L. attempted to clean the area, when ∆ slapped her hand away and said, “I don’t want none of ya’ll bitches touching me.” This was done against EMT L.’s will without her permission. EMT L. wishes to prosecute.

Charges:

1. Resisting/obstructing officer w/ violence (843.01)
2. Battery on a law enforcement officer (784.07(2)b)
3. Battery on a law enforcement officer (784.07(2)b)
4. Reckless driving (316.182(1)(2))
5. Possession of cannabis/20 grams or less (893.13(6)(B))
6. Resiting/obstructing officer w/violence (843.01)
7. Battery on a law enforcement officer (784.07(2)b)
8. Battery on a law enforcement officer (784.07(2)b)
9. Battery on a law enforcement officer (784.07(2)b)

Result:

1. Resisting/obstructing officer w/ violence (843.01) – nolo contendere, withheld adjudication , $382 in court costs, 18 months probation
2. Battery on a law enforcement officer (784.07(2)b) – Dismissed
3. Battery on a law enforcement officer (784.07(2)b) – Dismissed
4. Reckless driving (316.182(1)(2)) – nolo contendere, Adjudication Withheld
5. Possession of cannabis/20 grams or less (893.13(6)(B)) – nolo contendere, $132 court costs, 1 year probation
6. Resisting/obstructing officer w/violence (843.01) – Dismissed
7. Battery on a law enforcement officer (784.07(2)b) – Dismissed
8. Battery on a law enforcement officer (784.07(2)b) – Dismissed
9. Battery on a law enforcement officer (784.07(2)b) – Dismissed

No jail and no prison time

Internal Reference #9005

Facts: On 8/4 at approximately 2117 hours, Officer G responded to a location in reference to a domestic battery. Dispatch advised that the wife was going out of control. Upon arrival, Officer G observed the victim and his wife (defendant) sitting on the front porch together. Officer G was shinning his light at both subjects and the defendant said “get that flashlight out of my eyes”, and Officer G told her that he would when he leaves the scene. The defendant then picked up a stick on the ground next to her and when Officer G told her to put it down she threw it in Officer G’s direction instead of dropping it. Officer G was approximately 8-10 feet away and it landed beside him. Officer G attempted to detain the defendant by putting handcuffs on her and standing her up. The defendant pulled away and tried to get away. Deputy H and Deputy HA and Officer G had to restrain the defendant by using force because she would not comply.

The victim advised that he and his wife have been having material problems and that he believes she is having an affair with a man in another state. The victim advised that the defendant was going to leave again to go see him and the victim was trying to talk her out of going. The victim advised that the defendant then became very angry and threw a small object o the ground and he was fearful that she was going to start breaking things in the house again. The victim stated that the defendant gets upset and breaks things in the residence. The victim stated that the defendant then grabbed him and began squeezing. He victim stated that he pushed away once and she came back and locked onto his neck again. The victim stated he was scared of her actions and fearful that she would begin tearing up the residence so he called 911.

The defendant advised she did not touch her husband. After asking the alleged victim to tell the story he was consistent with his statements and Officer G advised the defendant she was under arrest for domestic violence.

The victim provided a taped statement while on scene. Deputy R arrived on scene with the digital recorder and assisted with the interview. There were no pictures taken of the alleged victim due to no physical marks observed.

The defendant was taken to the district office for the completion of the paperwork and then transported to Jail.

No further action taken at this time

Charges:

1. Resist Officer – Obstruct W/O Violence
2. Domestic Battery By Strangulation

Result:

1. Resist Officer – Obstruct W/O Violence – Motion to Suppress granted - Dismissed
2. Domestic Battery By Strangulation – Dismissed

All Charges Dismissed

Internal Reference #9013

Facts: The defendant was driving a car south bound on the northbound lane. Upon traffic stop, the officer asked the defendant for a driver’s license and she stated “I left it at home.” The officer asked for any form of ID and the defendant stated, “I don’t have any”. By name and DDB computer NCIC/FCIC checked revealed the defendant did have a FLA DL, which expired. The defendant was arrested, search incident to arrest as the officer went through her possession he did find a FLA DL expired hidden in a second purse, which the defendant knew all along. The defendant’s lying about her FLA DL and lack of possession hindered the officer from performing his legal duties in a timely manner. The defendant was arrested.

Charges: Resisting W/Out Obstructing

Result: Resisting W/Out Obstructing – Dismissed

Internal Reference #20250

Facts: The client had a warrant out for his arrest for 27 years without knowledge. The warrant was for resisting without violence and disorderly conduct. Recently, the client was pulled over for a traffic stop and upon being stopped, the officer found a warrant out for the client. The client was immediately arrested.

Charges:

1. Resisting without violence – Maximum Penalty: 1 year in jail
2. Disorderly conduct/create a disturbance – Maximum Penalty: 60 days in jail

Process: The client was in prison and had an alias. He wrote numerous pages of written correspondence. The only thing that Mr. Foley remembers about this case was the nice note that he received from the guy’s mother after the fact. Part of the note that she wrote stated “Thank you, also, for being so good about keeping us informed during the process. It’s a pleasure to find professionalism, especially when you have to choose an attorney and staff over the phone or online from a thousand miles away. Your efforts are very much appreciated.”

Results:

1. Resisting without violence – Nolle Prosequi (Dismissed)
2. Disorderly conduct/create a disturbance – Nolle Prosequi (Dismissed)

No Jail, No Probation, Case Dismissed