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Florida 1st DCA: Possession of a concealed weapon in Florida isn’t inherently criminal, so no RS. By John Wesley Hall

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
523
Fourthamendment.com said:
Posted on May 30, 2020 by Hall
Possession of a concealed weapon in Florida isn’t inherently criminal, and the officer lacked reasonable suspicion for a patdown and removing the gun from defendant’s waistband. Kilburn v. State, 2020 Fla. App. LEXIS 7525 (Fla. 1st DCA May 29, 2020) (“Based on these numbers, approximately one out of every seven persons over the age of twenty-one may lawfully carry a concealed weapon in Florida. The thought that these millions of people are subject to seizure by law enforcement until their licenses are verified is antithetical to our Fourth Amendment jurisprudence. See Adams v. Williams … (the purpose of a Terry stop is not to discover evidence, but to allow an officer to conduct his investigation without fear of violence). No court would allow law enforcement to stop any motorist in order to check for a valid driver’s license.”)
 
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