Smith v. State

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…