MONTAVIOUS SANDERS v. STATE OF FLORIDA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the [resisting arrest] statute cannot apply when the police have attempted to seize or detain a person only for the purpose of making a threshold inquiry, as distinct from making an arrest”
• resisting arrest statute cannot apply when police attempt to seize person only for purpose of threshold inquiry, as distinct from making arrest
• reversal of resisting arrest conviction of defendant who forcefully resisted a police officer who was attempting to stop, but not arrest, defendant
• no reasonable suspicion where officer \did not observe any actual transaction or furtive activity on the part of the defendant\
• stop for purpose of making threshold inquiry is not arrest, and statute does not apply
• evidence insufficient to support conviction of resisting arrest where responding officer \testified that his intent at the time was only to make a threshold inquiry\

Source: CourtListener parenthetical corpus (CC0).