Florida District Courts of Appeal, 1986

W.R.A. v. State

W.R.A. v. State
Florida District Courts of Appeal · Decided November 25, 1986 · Jorgenson, Pearson, Schwartz
497 So. 2d 1320; 11 Fla. L. Weekly 2466; 1986 Fla. App. LEXIS 10836 (Southern Reporter, Second Series)

W.R.A. v. State

Opinion of the Court

PER CURIAM.

The respondent-appellant was adjudicated delinquent based on a finding that he *1321had carried a concealed firearm. We reverse because, as the state has itself all but formally conceded, the officer’s pat down of W.R.A.’s person, which revealed the weapon, was supported neither by a founded suspicion that he was involved in criminal activity, State v. Levin, 452 So.2d 562 (Fla. 1984), affirming, 449 So.2d 288 (Fla. 3d DCA 1983); Mullins v. State, 366 So.2d 1162 (Fla. 1978), cert. denied, 444 U.S. 883, 100 S.Ct. 173, 62 L.Ed.2d 113; Hudnell v. State, 449 So.2d 930 (Fla. 3d DCA 1984), nor by a reasonable belief that he was armed. See Redfin v. State, 453 So.2d 425 (Fla. 5th DCA 1984); Baldwin v. State, 418 So.2d 1219 (Fla. 2d DCA 1982). The firearm in question should therefore have been suppressed.

Reversed.

SCHWARTZ, C.J., and DANIEL S. PEARSON, J., concur.

Dissenting Opinion

JORGENSON, Judge,

dissenting.

I respectfully dissent.

I believe there is record support for the trial court’s conclusion that the discovery of the firearm was inadvertent.

I would affirm.

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