Florida District Courts of Appeal, 1990

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided May 23, 1990 · Frank, Lehan, Schoonover
561 So. 2d 1278; 1990 Fla. App. LEXIS 3781; 1990 WL 68712 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

We reverse defendant’s convictions for carrying a concealed firearm and possession of a firearm by a convicted felon. We conclude that the trial court erred in denying defendant’s motion to suppress the firearm which was found during a search after an improper stop.

There was no proper basis to stop defendant for loitering, see B.A.A. v. State, 356 So.2d 304, 306 (Fla. 1978), or for defendant in a high crime area walking away from an officer with a hand in his pocket, see State v. Thomas, 559 So.2d 463 (Fla. 2d DCA 1990).

Reversed and remanded with the direction to enter a judgment of acquittal on the foregoing charges.

SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.

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