T.J.J. V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 T.J.J., a juvenile, ** Appellant, vs. ** ** THE STATE OF FLORIDA, CASE NO. 3D05-225 ** Appellee. ** LOWER TRIBUNAL NO. 04-05026 ** Opinion filed November 16, 2005. An Appeal from the Circuit Court for Miami-Dade County, Maria Espinosa Dennis, Judge. Bennett H. Brummer, Public Defender, and McKenna, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, Samaroo, Assistant Attorney General, for appellee. Shannon and P. Michele Before GERSTEN and GREEN, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. T.J.J. appeals his adjudication resisting arrest without violence. of delinquency for T.J.J. s loud, obscene, non- violent, verbal protests of police conduct did not incite a breach of the peace or obstruct performing their legal duties. the police officers from See J.G.D. v. State, 724 So. 2d 711 (Fla. 3d DCA 1999); K.S. v. State, 697 So. 2d 1275 (Fla. 3d DCA 1997). Accordingly, we reverse, finding that conduct was protected under the First Amendment. State, 650 So. 2d 214 (Fla. 3d DCA 1995). Reversed. 2 T.J.J. s L.A.T. v.
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