Dependency Law Finder

1. State v. Golden 350 So. 2d 344 · SC46321 · Florida Supreme Court 1976

   This opinion cites § 39.03 25 times, the section generally

   · cited by 1 in all courts

   …Jr., Asst. State's Atty., for appellee. OVERTON, Justice. This is an appeal from a circuit court declaratory judgment holding unconstitutional Sections 39.03(5)(a) and (b), Florida Statutes, relating to the confinement of juveniles, and Sections 39.03(7)(a) and (b), Florida Statutes, relating to pretrial detention of a…

2. Department of Health & Rehabilitative Services v. Golden 350 So. 2d 344 · SC46321-2 · Florida Supreme Court 1976

   This opinion cites § 39.03 25 times, the section generally

   · cited by 11 in all courts

   …concerning Chapter 39, Florida Statutes. Petition for Rehearing is denied. In our initial disposition of this cause, we held the provisions of Section 39.03(5)(a) and (b), Florida Statutes (1975), establish only directory guidelines concerning the place of commitment or detention of juveniles pending adjudication. We…

3. Doerr v. State 383 So. 2d 905 · SC52275 · Florida Supreme Court 1980

   This opinion cites § 39.03 13 times, the section generally

   · cited by 45 in all courts

   …BY A JUVENILE AFTER HE IS TAKEN INTO CUSTODY RENDERED INADMISSIBLE IF IT WAS GIVEN PRIOR TO NOTIFICATION OF HIS PARENTS OR LEGAL GUARDIANS PURSUANT TO SECTION 39.03(3)(a), FLORIDA STATUTES (1975)? The district court answered this question in the negative. We agree with its decision and hold that section 39.03(3)(a), Florida…

4. Doerr v. State 348 So. 2d 938 · 2D76-977 · 2nd DCA 1977

   This opinion cites § 39.03 11 times, the section generally

   · cited by 18 in all courts

   …with her personally. Appellant argues that his statements should have been suppressed due to the failure of the arresting officer to comply with Section 39.03(3)(a), Florida Statutes *940 (1975), prior to the appellant's interrogation. The pertinent part of this section provides: "If the person taking the child into…

5. Interest of R.L.J. 336 So. 2d 132 · 1DZ-475 · 1st DCA 1976

   This opinion cites § 39.03 7 times, the section generally

   · cited by 6 in all courts

   …that a person under 18 cannot voluntarily submit to detention for interrogation in Florida because custodial interrogation without arrest is unauthorized by § 39.03(1), F.S., specifying occasions when a child "may be taken into custody." The cited statute provides that "[a] child may be taken into custody ... (b) [f]or a…

6. In re R.P.C. 352 So. 2d 75 · 1D76-1512 · 1st DCA 1977

   This opinion cites § 39.03 6 times, the section generally

   · cited by 3 in all courts

   …guilty of attempted larceny, appeals an adjudication of delinquency. Two points have been raised and considered by the court, but only one, involving Section 39.03(2), Florida Statutes (1975), merits discussion. The juvenile contends that the trial court erred in not dismissing the delinquency petition against him because…

7. In the Interest of G.L.T. v. State 366 So. 2d 25 · SC52182 · Florida Supreme Court 1978

   This opinion cites § 39.03 5 times, the section generally

   · cited by 5 in all courts

   …alleging that since no written report on petitioner was filed until seven days after he was taken into custody, the State failed to comply with Section 39.03(2), Florida Statutes (1975), which provides in pertinent part: The person taking the child into custody shall, within 3 days, make a full written report to the…

8. In re W.J.N. 350 So. 2d 119 · DCA76-1513 · District Court of Appeal 1977

   This opinion cites § 39.03 5 times, the section generally

   · cited by 4 in all courts

   …validity of the arrest is not challenged. The determinative question is whether the confession must be suppressed because of an alleged violation of Section 39.03(3)(a), Florida Statutes (1975). The relevant section of this statute provides that if the person taking a child into custody determines that the child should be…

9. In Interest of J.W.H. 345 So. 2d 871 · 1DEE-72 · 1st DCA 1977

   This opinion cites § 39.03 5 times, the section generally

   · cited by 8 in all courts

   …court erred in denying appellant-juveniles' motions for discharge. We are here confronted with whether the legislative intent of the word "shall" in Section 39.03(2), Florida Statutes, is mandatory or directory. J.W.H. and T.A.B. were arrested on April 17, 1976, and J.H.N. was arrested on April 27, 1976. The complaints…

10. State v. Roberts 274 So. 2d 262 · 1DQ-246 · 1st DCA 1973

    This opinion cites § 39.03 5 times, the section generally

    · cited by 7 in all courts

    …that the confession was invalid because it was taken prior to the delivery of the defendant, a 16-year-old minor, to the juvenile court as provided by Section 39.03(3), Florida Statutes, F.S.A. Second, it was urged that the confession was not voluntary. The latter contention was rejected by the trial court subject to the…

11. S.M. v. State 398 So. 2d 496 · DCA80-532 · District Court of Appeal 1981

    This opinion cites § 39.03 4 times, the section generally

    · cited by 2 in all courts

    …with directions to discharge the juvenile from custody. The juvenile was arrested on November 11, 1979. However, the sworn complaint, required by Section 39.03(4)(a), Florida Statutes (1979), was not filed until December 4, 1979. 1 The petition for delinquency was filed within forty-five days from the date of the…

12. State v. I.B. 366 So. 2d 186 · DCAJJ-126 · District Court of Appeal 1979

    This opinion cites § 39.03 4 times, the section generally

    · cited by 2 in all courts

    …review of an order releasing juveniles from custody following a detention hearing. Two juveniles were taken into custody for alleged delinquent acts. Section 39.03(l)(b), Florida Statutes (1977). Requests for detention were filed alleging that continued detention was required to protect the person or property of others or the…

13. Roberts v. State 285 So. 2d 385 · SC43608 · Florida Supreme Court 1973

    This opinion cites § 39.03 4 times, the section generally

    · cited by 9 in all courts

    …his innocence. Petitioner filed a motion to suppress the confession and that motion was ultimately granted based, in part, on the provisions of F.S. Section 39.03(3), F.S.A. The District Court of Appeal, First District, reversed that determination after an extensive interpretation of the McNabb-Mallory rule, failing,…

14. State v. Dennis 185 So. 2d 12 · DCA65-702 · District Court of Appeal 1966

    This opinion cites § 39.03 4 times, the section generally

    · cited by 1 in all courts

    …on or about April 23, 1965, in Youth Hall, a detention facility for juveniles, in Dade County, Florida, and was detained without hearing as required by F.S. 39.03(7) [F.S.A.] from that date through and including the present time; and that by reason thereof, the said detention is unlawful and illegal and in violation of…

15. Interest of V.C.F. v. State 569 So. 2d 1364 · DCA90-1404 · District Court of Appeal 1990

    This opinion cites § 39.03 3 times, the section generally

    · cited by 4 in all courts

    …set forth provisions for the processing of the juvenile upon return to Florida for further proceedings. Once the juvenile is taken into custody under section 39.03, the normal preliminary procedures involve: (1) either release or placement of the juvenile in a detention facility by the person who previously had custody…

16. State v. K.E.S. 427 So. 2d 373 · DCA82-1631 · District Court of Appeal 1983

    This opinion cites § 39.03 3 times, the section generally

    · cited by 1 in all courts

    …Rule of Juvenile Procedure 8.110(e), and because the complaint was not filed with the Clerk of the Circuit Court within one week as required by section 39.03(5), Florida Statutes (1981). We reverse. According to the record, a complaint alleging possible charges against appellee was sworn to by a private citizen on…

17. State v. C.B. 401 So. 2d 919 · DCA79-2076 · District Court of Appeal 1981

    This opinion cites § 39.03 3 times, the section generally

    …from 50-52 days following the day the juveniles were taken into custody and released. The trial court dismissed the petitions on the grounds that Section 39.03(2), Florida Statutes (1979), requires the filing of a written report within three days of arrest, and Section 39.05(6), Florida Statutes (1979), requires the…

18. Donovan v. State 400 So. 2d 1306 · DCAUU-63 · District Court of Appeal 1981

    This opinion cites § 39.03 3 times, the section generally

    · cited by 3 in all courts

    …suppress certain statements, testimonial acts, and physical evidence because the detaining officers made no effort to contact his parents, contrary of Section 39.03 Florida Statutes (1979), after he was taken into custody. He also argues the court erred in denying his motion for mistrial after a prosecution witness…

19. Sublette v. State 365 So. 2d 775 · 3D77-795 · 3rd DCA 1978

    This opinion cites § 39.03 3 times, the section generally

    · cited by 11 in all courts

    …of his privilege against self-incrimination and the statements given by him, prior to the arrival of his father at Youth Hall, were inadmissible. Section 39.03(3)(a), Florida Statutes (1975), establishes the following procedure to be followed by law enforcement officers when taking a child into custody: "If the person…

20. State v. Cartwright 448 So. 2d 1049 · 4D83-614 · 4th DCA 1984

    This opinion cites § 39.03 2 times, the section generally

    · cited by 8 in all courts

    …to the second order involving a robbery which occurred on April 16, 1982, (our case number 83-614), the trial court based suppression on violations of Section 39.03, Florida Statutes (1981) and Rule 8.290(d)(4), Florida Rules of Juvenile Procedure. The statute in question provides, in pertinent part: (3) If the person…

21. Guercioni v. State 433 So. 2d 31 · DCA82-788 · District Court of Appeal 1983

    This opinion cites § 39.03 2 times, the section generally

    …petition against appellant and he was thereafter first taken into custody. Appellant moved to dismiss the delinquency petition arguing that section 39.03(5)(b), Florida Statutes (1981), directs the clerk to “forthwith” forward a copy of the delinquency complaint to the H.R.S. intake office and that if measured from…

22. Batch v. State 405 So. 2d 302 · 4D79-646 · 4th DCA 1981

    This opinion cites § 39.03 2 times, the section generally

    · cited by 9 in all courts

    …trial court failed to suppress certain recorded statements made by him to the police before they notified his parents of his detention. He argues that Section 39.03(3), Florida Statutes (1977) requires *303 such notification and that any statements obtained before notification are, per se, involuntary. The appellant also…

23. Groomes v. State 401 So. 2d 1139 · 3D80-110 · 3rd DCA 1981

    This opinion cites § 39.03 2 times, the section generally

    · cited by 7 in all courts

    …the confession was inadmissible because the defendant, a juvenile at the time of his arrest, was interrogated at the police station in violation of Section 39.03, Florida Statutes (1979); (3) the court erroneously permitted conviction of both the felony murder and the underlying felony; (4) the circuit court was…

24. State v. F.E.J. 399 So. 2d 47 · DCA80-432 · District Court of Appeal 1981

    This opinion cites § 39.03 2 times, the section generally

    · cited by 3 in all courts

    …into custody and to the police department for questioning for approximately one hour rather than being taken directly to a detention or crisis home (see § 39.03(3), Fla.Stat. (1979)) and (3) there was no adult notified or present to assist the child during the police questioning. The police are only required to give …

25. G.A. v. State 391 So. 2d 720 · 1DOO-475 · 1st DCA 1980

    This opinion cites § 39.03 2 times, the section generally

    …G.A. and questioned him did not file a written juvenile complaint report (JCR) with the intake office within three days of 12/24/78 as required by Section 39.03(2), Fla. Stat., (1978 Supp.) Nor did any law enforcement agency file a sworn complaint with the clerk of the circuit court as required by Section 39.03(4)(a),…

26. G.A. v. State 391 So. 2d 720 · 5DOO-175 · 5th DCA 1980

    This opinion cites § 39.03 2 times, the section generally

    · cited by 8 in all courts

    …G.A. and questioned him did not file a written juvenile complaint report (JCR) with the intake office within three days of 12/24/78 as required by Section 39.03(2), Fla.Stat., (1978 Supp.) Nor did any law enforcement agency file a sworn complaint with the clerk of the circuit court as required by Section 39.03(4)(a),…

27. State v. L.H. 392 So. 2d 294 · 2D80-1196 · 2nd DCA 1980

    This opinion cites § 39.03 2 times, the section generally

    …point to State v. Golden, 350 So.2d 344 (Fla. 1976), in support of their position. In that case, the trial judge had declared unconstitutional sections 39.03(7)(a) and (b) which concerned the period of time the state could detain a juvenile prior to a judicial hearing. The premise for the ruling was that these statutory…

28. State v. Cobb 387 So. 2d 526 · DCA80-297 · District Court of Appeal 1980

    This opinion cites § 39.03 2 times, the section generally

    · cited by 1 in all courts

    …was conducted without any prior notification to the juvenile’s parents. The trial court granted the motion and the State filed this appeal. Section 39.03(3), Florida Statutes (1979), provides, inter alia : If the person taking the child into custody determines, pursuant to s. 39.032(2), that the child should…

29. Fields v. State 377 So. 2d 223 · 1DNN-228 · 1st DCA 1979

    This opinion cites § 39.03 2 times, the section generally

    · cited by 2 in all courts

    …his ultimate delivery to the intake officer of a juvenile detention center. During this time no attempt was made to notify the appellant's parents. Section 39.03(3)(a), Fla. Stat., relating to juveniles, requires that "[i]f the person taking the child into custody determines ... that the child should be detained ... he shall…

30. State v. G.D.C. 372 So. 2d 514 · DCA78-2220 · District Court of Appeal 1979

    This opinion cites § 39.03 2 times, the section generally

    · cited by 5 in all courts

    …had been filed with the intake officer within 3 days of the respective dates the juvenile respondents had been taken into custody as required by Section 39.03(2), Florida Statutes (1977), 1 they would still have been entitled to dismissal under Section 39.05(7), Florida Statutes (1977). We affirm. Our Supreme Court…

31. DeFlippo v. Leffler 364 So. 2d 71 · DCA78-1222 · District Court of Appeal 1978

    This opinion cites § 39.03 2 times, the section generally

    …DCA 1977), the petitioner contends that a petition alleging delinquency must be filed within 33 days from the date a juvenile is taken into custody. Sections 39.03(2) and 39.05(7), Florida Statutes (1975). The provisions of Section 39.-05(7) requiring a petition to be filed within 30 days from the date a complaint is 977).…

32. State ex rel. Stromer v. Rowley 360 So. 2d 448 · DCAJJ-326 · District Court of Appeal 1978

    This opinion cites § 39.03 2 times, the section generally

    …permits the motion to be so filed. Cf. State, Dep’t. of H. & R. Serv., etc. v. Golden, 350 So.2d 344 (Fla.1976), in which the court held Section 39.03(5)(a), permitting the trial court to enter an order directing the delivery of a child to a jail when neither a detention home nor a licensed child-caring…

33. Florida Bar 345 So. 2d 655 · SC48946 · Florida Supreme Court 1977

    This opinion cites § 39.03 2 times, the section generally

    · cited by 4 in all courts

    …issued, together with the date and time the child was taken into custody; (8) Be signed by the judge with the title of his office. COMMITTEE NOTE § 39.03(7)(a), Fla.Stat. (1975), reads that no child shall be detained longer than twenty-four (24) hours exclusive of Sunday and legal holidays unless a detention order is…

34. B.M. v. State 337 So. 2d 423 · DCA75-1899 · District Court of Appeal 1976

    This opinion cites § 39.03 2 times, the section generally

    · cited by 3 in all courts

    …denying the motion to suppress where the confession was the product of unreasonable delay in transporting the juvenile to Youth Hall in violation of Section 39.03(3)(a), Florida Statutes; where the State failed to prove the confession was voluntary and where the court failed to make a clear and unequivocal determination of…

35. Dowst v. State 336 So. 2d 375 · 1DX-503 · 1st DCA 1976

    This opinion cites § 39.03 2 times, the section generally

    · cited by 11 in all courts

    …finding in this regard. The duty of an arresting officer or the interrogating officer, who in this case is the same person, is clearly set forth in Section 39.03(3)(a), Floria Statutes as follows: "If the person taking the child into custody determines, pursuant to paragraph (c), that the child should be detained or placed…

36. Cooper v. State 257 So. 2d 614 · DCAO-436 · District Court of Appeal 1972

    This opinion cites § 39.03 2 times, the section generally

    · cited by 1 in all courts

    …in the planning of the robbery or in the robbery but stated that he ran back when the other two participants confronted the victim. Florida Statute, Section 39.03(3), F.S.A., provides in part that the person taking or retaining a child in custody “ . shall, without delay for the purpose of investigation or any other…

37. Ramirez v. State 739 So. 2d 568 · SC89 · Florida Supreme Court 1999

    This opinion cites § 39.03 1 time, the section generally

    · cited by 228 in all courts

    …at subsection 985.207(2), Florida Statutes (1997). [7] Although Doerr v. State, 383 So.2d 905 (Fla. 1980), was decided under superseded law, see § 39.03(3)(a), Fla. Stat. (1975), the statutory language is "sufficiently similar" to the statute applicable in this case that Doerr 's holding "still obtains." Allen v.…

38. State v. Paille 601 So. 2d 1321 · 2D90-02659 · 2nd DCA 1992

    This opinion cites § 39.03 1 time, the section generally

    · cited by 10 in all courts

    …is not automatically rendered inadmissible just because it was given prior to notification of his parents. Section 39.037, Florida Statutes (formerly § 39.03), requires that a parent be immediately notified upon a decision to detain or place a child in shelter care. The purpose of this notification is simply to…

39. Department of Health & Rehabilitative Services v. State 599 So. 2d 123 · 5D91-2269TO91-2273 · 5th DCA 1992

    This opinion cites § 39.03 1 time, the section generally

    · cited by 6 in all courts

    …pled guilty to trespass; before sentencing, he was placed on home detention at his parent's request because he was not attending school. [9] The prior 39.03(1)(c), Florida Statute (1989), which authorized the taking into custody of a juvenile alleged to have violated community control, was deleted in the 1990 revision.…

40. State v. F.T.H. 579 So. 2d 911 · 5D90-2138 · 5th DCA 1991

    This opinion cites § 39.03 1 time, the section generally

    · cited by 3 in all courts

    …taken into custody, including “release”, have specific meanings within the statutory scheme that do not relate to temporary investigative detentions. See § 39.03(2), Fla.Stat. (1989). Examination of the statutory scheme suggests the *913 “physical control” referred to in section 39.01(51) is not intended to include…

41. Allen v. State 560 So. 2d 1329 · DCA89-1239 · District Court of Appeal 1990

    This opinion cites § 39.03 1 time, the section generally

    · cited by 1 in all courts

    PER CURIAM. The defendant, a sixteen-year-old juvenile, was apparently originally taken into custody and detained as a juvenile offender (§ 39.03, Fla.Stat.) but the state attorney filed a direct information pursuant to section 39.04(2)(e)4., Florida Statutes, charging him with a felony (possession of…

42. Villar v. State 441 So. 2d 1181 · DCA82-2399 · District Court of Appeal 1983

    This opinion cites § 39.03 1 time, the section generally

    · cited by 4 in all courts

    …the detention center. Although his parents were notified that appellant had been arrested, they were not told of the interrogation. Notification under Section 39.03(3)(a), Florida Statutes (1981), is merely to advise the parents of a juvenile’s whereabouts. Even if there had been no notification, this failure is not…

43. S.L.W. v. State 445 So. 2d 586 · 1DAS-175 · 1st DCA 1983

    This opinion cites § 39.03 1 time, the section generally

    …was not applicable to police officers in general, therefore he overruled S.L.W.'s objection. The State reasserts this argument and also contends that Section 39.03(1)(b) rather than the rule of procedure governs this case. This interpretation is incorrect. The rule applies to situations involving police officers and therefore…

44. S.L.W. v. State 445 So. 2d 586 · DCAAS-175 · District Court of Appeal 1983

    This opinion cites § 39.03 1 time, the section generally

    · cited by 11 in all courts

    …was not applicable to police officers in general, therefore he overruled S.L.W.’s objection. The State reasserts this argument and also contends that Section 39.03(l)(b) rather than the rule of procedure governs this case. This interpretation is incorrect. The rule applies to situations involving police officers and therefore…

45. T.S.J. v. State 439 So. 2d 966 · 1DAP-476 · 1st DCA 1983

    This opinion cites § 39.03 1 time, the section generally

    …in part and dissenting in part: I concur in part and dissent in part. I agree with the majority that strict compliance with the provisions of Section 39.03(3) is mandatory and failure to comply results in reversible error. W.Y. v. State, 414 So.2d 659 (Fla. 1st DCA 1982); see also, D.C. v. State, 436 So.2d…

46. DeBolt v. Department of Health & Rehabilitative Services 427 So. 2d 221 · 1DAL-19 · 1st DCA 1983

    This opinion cites § 39.03 1 time, the section generally

    · cited by 21 in all courts

    …by Chapter 39, Florida Statutes, to take custody of and to detain juveniles, such as DeBolt, who have been accused of committing delinquent acts. See, § 39.03, Fla. Stat. (1981). Such detention may be in a "detention home or nonsecure detention program, including home detention and attention homes. ..." §…

47. Groomes v. State 401 So. 2d 1139 · DCA80-110 · District Court of Appeal 1981

    This opinion cites § 39.03 1 time, the section generally

    · cited by 1 in all courts

    …the confession was inadmissible because the defendant, a juvenile at the time of his arrest, was interrogated at the police station in violation of Section 39.03, Florida Statutes (1979); (3) the court erroneously permitted conviction of both the felony murder and the underlying felony; (4) the circuit court was…

48. M.M. v. State 391 So. 2d 366 · 1DTT-344 · 1st DCA 1980

    This opinion cites § 39.03 1 time, the section generally

    …because of the arresting officer's alleged failure to make a reasonable effort to immediately notify appellant's mother of the arrest as required by Section 39.03(3), Florida Statutes (1979). We need not reach the legal intricacies of this issue because appellant's mother was, in fact, notified immediately. The record…

49. M.M. v. State 391 So. 2d 366 · DCATT-344 · District Court of Appeal 1980

    This opinion cites § 39.03 1 time, the section generally

    · cited by 16 in all courts

    …because of the arresting officer’s alleged failure to make a reasonable effort to immediately notify appellant’s mother of the arrest as required by Section 39.03(3), Florida Statutes (1979). We need not reach the legal intricacies of this issue because appellant’s mother was, in fact, notified immediately. The record…

50. G.K.D. v. State 391 So. 2d 327 · DCATT-148 · District Court of Appeal 1980

    This opinion cites § 39.03 1 time, the section generally

    · cited by 3 in all courts

    …to have *329 intended the probable consequences of his actions. Although appellant’s parents were not notified prior to the on-site interrogation (see § 39.03(3), Florida Statutes), such lack of notification does not prohibit the on-site interrogation in the circumstances of this case. See Doerr v. State, 383 So.2d…

51. K.L.C. v. State 379 So. 2d 455 · DCAPP-90 · District Court of Appeal 1980

    This opinion cites § 39.03 1 time, the section generally

    · cited by 2 in all courts

    …following his arrest at home. The trial court found, and we agree, that there was no unreasonable delay in delivering K.L.C. to an intake officer. Section 39.03(3)(a), Florida Statutes (1979). Nor do we find a violation of that statute’s requirement that the police, determining “that the *456 child should be detained”,…

52. T.L.M. v. State 371 So. 2d 688 · 1DLL-302 · 1st DCA 1979

    This opinion cites § 39.03 1 time, the section generally

    …him in the police car. The issue, then, is whether the police officer had the authority to take appellant to the jail under the circumstances. Under Section 39.03(1), Florida Statutes (1977), a child may be taken into custody "for a delinquent act, pursuant to the laws of arrest." There is nothing in the evidence presented…

53. T.L.M. v. State 371 So. 2d 688 · DCALL-302 · District Court of Appeal 1979

    This opinion cites § 39.03 1 time, the section generally

    · cited by 16 in all courts

    …him in the police car. The issue, then, is whether the police officer had the authority to take appellant to the jail under the circumstances. Under Section 39.03(1), Florida Statutes (1977), a child may be taken into custody “for a delinquent act, pursuant to the laws of arrest.” There is nothing in the evidence presented…

54. J.E.S. v. State 366 So. 2d 538 · 1DKK-345 · 1st DCA 1979

    This opinion cites § 39.03 1 time, the section generally

    …other parents and that at least one parent of every other individual interviewed relative to this case was present before the interview took place. Section 39.03(3)(a), Florida Statutes (1977), requires that when a person determines that a child should be detained, he must immediately notify the parents or legal guardian. In…

55. Stokes v. State 366 So. 2d 538 · DCAKK-345 · District Court of Appeal 1979

    This opinion cites § 39.03 1 time, the section generally

    · cited by 9 in all courts

    …other parents and that at least one parent of every other individual interviewed relative to this case was present before the interview took place. Section 39.03(3)(a), Florida Statutes (1977), requires that when a person determines that a child should be detained, he must immediately notify the parents or legal guardian. In…

56. In Interest of S.E.B. 365 So. 2d 451 · 1DKK-20 · 1st DCA 1978

    This opinion cites § 39.03 1 time, the section generally

    · cited by 8 in all courts

    …custody for an armed robbery on December 26, 1977. The complaint based on this conduct was filed with the appropriate intake officer as required by Section 39.03(2) Florida Statutes (1977) on December 27, 1977. On January 11, 1978, an indictment was returned against S.E.B. alleging that he had committed a robbery with a…

57. A.W. v. State 358 So. 2d 71 · DCA77-1930 · District Court of Appeal 1978

    This opinion cites § 39.03 1 time, the section generally

    · cited by 1 in all courts

    …22, 1977. On August 18, 1977 defendant moved for discharge. Defendant was entitled to be brought to trial within 93 days after arrest, on the basis of Section 39.03(2), Florida Statutes (1975), and Fla.R. Juv.P. 8.180. It was so held in the case of J. W. H. v. State, 345 So.2d 871 (Fla. 1st DCA 1977), on the authority…

58. State v. Benton 337 So. 2d 797 · SC46926 · Florida Supreme Court 1976

    This opinion cites § 39.03 1 time, the section generally

    · cited by 13 in all courts

    … [3] This period is applicable where the juvenile is not detained. Fla.Rule Juv.P. 8.120. Where the juvenile is detained during the proceedings, see Section 39.03(7), Fla. Stat., and State Dept. of Health and Rehabilitative Services v. Golden, Case No. 46,321 (Fla. Opinion filed February 26, 1976).

59. Weatherspoon v. State 328 So. 2d 875 · 1DX-494 · 1st DCA 1976

    This opinion cites § 39.03 1 time, the section generally

    · cited by 5 in all courts

    …to deal more promptly with appellant as a juvenile. There was no "unreasonable delay" in delivering appellant to the appropriate intake *877 officer. Sec. 39.03(3)(a), F.S. 1973. Nor was the delay such as to require exclusion of the confession under the doctrine of Jacobs v. State, 248 So.2d 515 (Fla.App. 1st, 1971),…

60. In re W.O.C. 318 So. 2d 148 · DCA75-332 · District Court of Appeal 1975

    This opinion cites § 39.03 1 time, the section generally

    · cited by 1 in all courts

    …marijuana seized from the person of the defendant pursuant to a search incident to such “arrest” must be suppressed as having been illegally seized. Section 39.03(1) (b) provides that a child may be taken into custody “For a delinquent act, pursuant to the laws of arrest”. A delinquent act presupposes the commission of an…

61. State v. Black 284 So. 2d 467 · DCAS-132 · District Court of Appeal 1973

    This opinion cites § 39.03 1 time, the section generally

    …minor accused of rape. After a confession was procured from Roberts, the police took him before a juvenile judge in compliance with the provisions of Section 39.03(3), Florida Statutes F.S.A., which provides in part: “The person taking and retaining a child in custody . . . shall, without delay for the purpose of…

62. Hernandez v. State 273 So. 2d 130 · 1DO-427 · 1st DCA 1973

    This opinion cites § 39.03 1 time, the section generally

    · cited by 15 in all courts

    …confessions though Appellant, who was 14 years of age at the time he made the confessions, had not been brought before a Juvenile Judge as required by Section 39.03(3), Florida Statutes, F.S.A., prior to making the confessions; and had not been afforded a preliminary hearing as required by Section 902.01, Florida Statutes,…

63. In re Emergency Amendment to the Florida Rules of Juvenile Procedure 475 So. 2d 1240 · SC67656 · Florida Supreme Court 1985

    Rule amendment This opinion cites § 39.03 2 times, the section generally

    · cited by 1 in all courts

    PER CURIAM. It has come to the Court's attention that a conflict exists between section 39.03(6)(a), Florida Statutes (1985), and Florida Rule of Juvenile Procedure 8.040(a). Prior to the enactment of chapter 85-206, both section 39.03 and rule 8.040(a)…

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