B.A.A. v. State

333 So. 2d 552 (1976)

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B.A.A. v. State

Florida District Court of Appeal
333 So. 2d 552 (1976)

Facts

B.A.A. (defendant), a juvenile, was charged with violating a statute that prohibited loitering. At trial, Miami Police Department Officer Brown testified that he had written one field card for each interaction he had with B.A.A., for a total of 40 field cards. Each field card reflected that Officer Brown saw B.A.A. walk into the same intersection to speak with drivers who were stopped at the traffic light, and each time, Officer Brown told B.A.A. to get out of the intersection and stop loitering. The cards reflected that B.A.A.’s behavior continued late into the night and that B.A.A. did not live in the neighborhood where Officer Brown saw her. Officer Brown eventually arrested B.A.A. for loitering. The court admitted the field cards into evidence. As permitted under Florida law, the court withheld adjudication, meaning that the court determined that B.A.A. committed the act of loitering, but the court declined to find that B.A.A. was a delinquent and instead placed her under state supervision. B.A.A. appealed, arguing that the court improperly admitted the field cards because the acts recorded in the cards were not crimes and merely evidenced that B.A.A. had a propensity to approach and talk to drivers.

Rule of Law

Issue

Holding and Reasoning (Barkdull, C.J.)

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