Smith v. State
Smith v. State
561 So. 2d 1278; 1990 Fla. App. LEXIS 3781; 1990 WL 68712
(Southern Reporter, Second Series)
Smith v. State
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.