Pubdate: Thu, 20 Jul 2000
Source: Palm Beach Post (FL)
Copyright: 2000, The Palm Beach Post
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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.
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