Legal Opinion

Musallam v. State

District Court of Appeal of Florida

Decided February 14, 2014No. 2D12-4145PublishedCited by 2 opinions

1Opinion of the Court

NORTHCUTT, Judge.

When Mike Musallam pleaded no contest to charges of felon in possession of a firearm, § 790.23(a), Fla. Stat. (2011), and possession of a concealed weapon, § 790.01(2), he reserved for appeal the denial of his dispositive motion to suppress the handgun from which the charges stemmed. We conclude that law enforcement’s discovery of the gun was the fruit of an illegal detention. Therefore, we reverse Musallam’s convictions and remand with directions to discharge him.

Musallam came to the attention of law enforcement because he and several friends were smoking cigarettes in a…

2Cases cited9 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Popple v. StateSupreme Court of Florida · 1993
  4. Carter v. StateDistrict Court of Appeal of Florida · 1984
  5. Rinehart v. StateDistrict Court of Appeal of Florida · 2000

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3Cited by2 opinions

  1. Brown v. StateDistrict Court of Appeal of Florida · 2017
  2. State v. BattleDistrict Court of Appeal of Florida · 2017

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