Burdess v. State

In Burdess v. State, 724 So. 2d 604 (Fla. 5th DCA 1998), while a police officer was conducting a theft investigation, the defendant gave the officer a false name. When a passerby recognized the defendant, she admitted her true name to the officer and gave her correct date of birth. The officer testified that no more than three minutes elapsed between the time he first approached her and the time he learned her correct name, but he arrested her for resisting an officer without violence, pursuant to section 843.02. The fifth district reversed the conviction, observing that there was no testimony that the officer was impeded in any way by the giving of the original false information. No reports were prepared based on it, nor was any action taken in reliance on it. The information was corrected before it did any harm, and appellant was not being legally detained. Id. at 604.