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Lack Of Lettuce Leads To Criminal Charges
Historical news commentary. The written legal explanation was updated September 30, 2026. Allegations in the cited reporting are not findings of guilt.
One of the most over-charged crimes in the state of Florida is resisting an officer. How easy is it to violate this law? One Florida man was recently charged with resisting an officer after throwing a fit about lettuce in a Checkers drive-through lane.
Was this case over-charged?
According to the Miami Herald:
“Henry Arce-Cabellero was arrested.. after having a tantrum in a Checkers drive-through lane… According to a police report [officers] responded to the fast-food restaurant after a disturbance call from employees.
The affidavit says Arce-Cabellero was ‘yelling and screaming’ about the fact that ‘the store had no more lettuce for their sandwiches.’
The worker who took his order said that when the 49-year-old customer heard the news that the restaurant lacked lettuce, he began beating on the glass window, demanding his roughage…
Upon making contact with Arce-Cabellero, who was still in his car, officers found that the customer was “uncooperative” and denied getting boisterous.
Witnesses corroborated the employee’s account of what happened during the order.
Arce-Cabellero was charged with disorderly conduct in an establishment as well as resisting an officer without violence.”
While it is easy to see how pounding on the windows and yelling at employees could lead to a charge of disorderly conduct in an establishment, what led to the charge of resisting an officer without violence?
The Smoking Gun reports that Arce-Cabellero “refused to identify himself, prompting an officer to remove him from the vehicle. ‘The defendant was uncooperative with me and denied the allegations,’ a patrolman reported.”
What Resisting Without Violence Requires
Section 843.02 requires resistance, obstruction, or opposition to an officer or other covered person engaged in executing legal process or lawfully performing a legal duty, without violence. An arrest need not already be underway, but the lawfulness of the duty and the actual obstructive conduct are essential.
Rudeness, disagreement, silence, or declining a consensual encounter does not automatically establish this crime. Whether refusal to identify oneself, leave, stop, or follow another direction is unlawful depends on the officer’s legal authority and the circumstances. A valid detention or lawful vehicle-exit order is different from a request during a consensual encounter. Do not physically resist; counsel can challenge an unlawful stop or unsupported charge through the legal process.
Resisting an officer without violence is a first-degree misdemeanor, punishable by up to one year in jail or 12 months of probation, and a $1,000 fine. What someone who is convicted of resisting an officer without violence is actually sentenced to varies significantly based on the circumstances of the case and the offender’s criminal history.
If you threaten the officer or some sort of violence actually occurs in one of these situations, the charge can be bumped up to resisting an officer with violence.
Under Florida law, resisting an officer with violence is classified as a third-degree felony. Offenders may be sentenced to as much as 5 years in prison and fined $5,000. The sentence depends on the proven offense, record, applicable enhancements, and other case-specific factors. Injury or use of a weapon can affect potential charges and penalties, but does not justify predicting a particular sentence without reviewing the case.
If you have been charged with resisting an officer, with or without violence, you should contact one of the experienced criminal defense attorneys at Valiente Law. This is a charge we see far too often, and can evaluate the evidence, the officer’s legal duty, and available defenses.
Posted in: Criminal