CURTIS SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CURTIS SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
561 So. 2d 1278
Florida District Court of Appeal, Second District (1990)
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- B. A. A. v. State, 356 So. 2d 304 (Fla. 1978)
- State v. Thomas, 559 So. 2d 463 (Fla. 2d DCA 1990)
- Smith v. State, 559 So. 2d 463 (Fla. 2d DCA 1990)