W.R.A., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The respondent-appellant was adjudicated delinquent based on a finding that he had 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.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mullins v. State, 366 So. 2d 1162 (Fla. 1978)
- Worldwide Church of God, Inc. v. Superior Court of Cal., 444 U.S. 883 (U.S. 1979)
- Pate v. Kentucky, 444 U.S. 883 (U.S. 1979)
- State v. Levin, 452 So. 2d 562 (Fla. 1984)
- Levin v. State, 449 So. 2d 288 (Fla. 3d DCA 1983)
- Baldwin v. State, 418 So. 2d 1219 (Fla. 2d DCA 1982)
- Leron Herbert Redfin v. State, 453 So. 2d 425 (Fla. 5th DCA 1984)
- Hudnell v. State, 449 So. 2d 930 (Fla. 3d DCA 1984)