R.F. v. State
798 So. 2d 17, 2001 WL 1202787, 2001 Fla. App. LEXIS 14632 (2001)
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Rule of Law:
A juvenile is "taken into custody" for the purposes of triggering the speedy trial period when the circumstances surrounding the issuance of a notice to appear demonstrate that an arrest has occurred, such as being formally processed and charged at a police station, regardless of whether the juvenile appeared voluntarily or was subsequently released to a parent.
Facts:
- A Boca Raton police officer advised R.F.'s mother to bring her son to the police department to be 'arrested and processed.'
- On October 14, 1999, R.F. and his mother voluntarily went to the police department as requested.
- At the station, R.F. was 'processed and charged' with possession of a loaded firearm by a minor.
- The police officer issued R.F. a form titled 'Arrest/Notice to Appear' which listed October 14, 1999 as the 'Date of arrest.'
- After being processed and charged, R.F. was released into his mother's care.
Procedural Posture:
- The state filed a petition for delinquency against R.F. in the trial court.
- R.F. filed a notice of expiration of the speedy trial period.
- The state filed a motion to strike R.F.'s notice, arguing that the speedy trial period had not yet expired.
- The trial court granted the state's motion to strike.
- R.F. subsequently filed a motion to discharge, which the trial court denied.
- R.F. pled no contest to the charge, reserving his right to appeal the denial of his motion to discharge.
- R.F. (appellant) appealed the trial court's order to the District Court of Appeal of Florida, Fourth District (an intermediate appellate court).
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Issue:
Does issuing an 'Arrest/Notice to Appear' to a juvenile who voluntarily reports to a police station to be 'arrested and processed' constitute being 'taken into custody' for the purpose of starting the 90-day speedy trial clock under Florida Rule of Juvenile Procedure 8.090(a)?
Opinions:
Majority - Taylor, J.
Yes. Issuing an 'Arrest/Notice to Appear' under these circumstances constitutes being 'taken into custody' for speedy trial purposes. The juvenile speedy trial period is triggered where the circumstances surrounding the issuance of a notice to appear demonstrate that the juvenile was arrested. In this case, the police officer's own affidavit stated R.F. was brought to the station to be 'arrested and processed,' the official form was labeled 'Arrest/Notice to Appear' and listed a 'Date of arrest,' and R.F. was formally processed and charged. This encounter was akin to an adult arrest, signifying that the police assumed 'temporary physical control' over the child. The fact that R.F. appeared voluntarily and was later released to his mother does not negate the legal reality that he was taken into custody on that day, starting the 90-day speedy trial clock.
Analysis:
This decision clarifies that the determination of 'taken into custody' for juvenile speedy trial purposes is a matter of substance over form. It prevents the state from circumventing the 90-day rule by using a 'notice to appear' in situations that are functionally equivalent to an arrest. The ruling establishes that courts must look at the totality of the circumstances, including police documentation and actions like formal processing, to determine when the speedy trial clock begins. This provides a clearer guideline for both defense counsel and prosecutors in juvenile cases, ensuring that a juvenile's right to a speedy trial is protected from the moment of significant liberty restraint, not just from the date a formal petition is filed.
