Pubdate: Thu, 20 Jul 2000 Source: Palm Beach Post (FL) Copyright: 2000, The Palm Beach Post Feedback: http://www.gopbi.com/partners/pbpost/mail.html Website: http://www.gopbi.com/ Forum: http://www.gopbi.com/community/forums/ Author: Molly Hennessy-Fiske, WARNING TO DRUG DEALER FREE SPEECH, COURT RULES WEST PALM BEACH -- A youth who foiled a potential drug sting by warning the would-be buyer that he was dealing with an undercover cop cannot be charged with obstruction because he was merely exercising his right to free speech, an appeals court ruled Wednesday. The 4th District Court of Appeal threw out the conviction of the youth, saying he committed no crime. The case hinged on whether the boy's interference in the alleged drug sale was free speech or participation in a crime. "We hold that the conduct, which consisted only of speech, is not a crime," the judges wrote in the majority opinion. According to Assistant Public Defender Tatjana Ostapoff, who argued for the youth on appeal, he was sitting in a car near an undercover detective in Fort Pierce on June 6, 1997 when the incident occurred. The boy got out of the car when he saw the alleged drug dealer speaking to the detective and shouted, "Don't sell anything to that man . . . he's a cop," according to court records. The man backed away from the detective, who then charged the youth with obstruction and arrested him. Since police couldn't show that the youth was involved in the drug deal, the appeals court ruled that officers could not charge him for warning the drug dealer. "They just can't arrest people for saying things. They have to act," Ostapoff said. Assistant Attorney General James Carney who argued the case on appeal did not return calls Wednesday. - --- MAP posted-by: Doc-Hawk