Belsky v. State (Fourth District Court of Appeals-831 So.2d 803).

Officer did not have reasonable suspicion of criminal activity necessary to justify detention of defendant, and thus defendant's arrest was unlawful and he could not be convicted of giving false name during arrest or lawful detention, where officer candidly acknowledged that he had only hunch that defendant and his companion were involved in drug transaction, that he was uncertain whether anything was actually exchanged between the men, he did not say that he had any extensive or specialized narcotics training, and he did not identify defendant or his companion as known drug dealers.

To constitute a violation of  Florida Statutes Section 901.36, the giving of a false name to a law enforcement officer must occur during an arrest or lawful detention. Because the officer in this case lacked reasonable suspicion to detain appellant and did not otherwise have probable cause to arrest him, he lacked probable cause to arrest appellant for giving a false name. Consequently, the arrest of appellant was unlawful and required suppression of the items seized during the search incident to the arrest.