C.K. v. State

SCHWARTZ, Chief Judge.

The bare facts that C.K. was one of a group of young persons in front of a convenience store near a junior high school, in an area which was the site of prior disturbances, fall utterly short of providing the “founded suspicion” that he was engaged in improper activity which is necessary to support even a Terry stop. See Cunningham v. State, 591 So.2d 1058 (Fla. 2d DCA 1991); Jenkins v. State, 524 So.2d 1108 (Fla. 3d DCA 1988). It follows that there was no constitutional basis for an officer to order C.K. “against the wall,” or for the subsequent pat down of the bulge at…