Legal Opinion

Regalado v. State

District Court of Appeal of Florida

Decided December 16, 2009No. 4D08-1609PublishedCited by 13 opinions

1Opinion of the CourtWarner, J.

Fulvio Regalado appeals his conviction and sentence for carrying a concealed weapon, contending that the trial court erred in denying his dispositive motion to suppress. Because it is legal to carry a concealed weapon in Florida, if one has a permit to do so, and no information of suspicious criminal activity was provided to the officer other than appellant’s possession of a gun, the mere possession of a weapon, without more, cannot justify a Terry stop. The court erred in denying the motion to suppress. We reverse the conviction.

In the early hours of one morning, Officer Jeffrey Castro was…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Illinois v. WardlowSupreme Court of the United States · 2000
  3. Alabama v. WhiteSupreme Court of the United States · 1990
  4. District of Columbia v. HellerSupreme Court of the United States · 2008
  5. Florida v. J. L.Supreme Court of the United States · 2000

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3Cited by13 opinions

  1. Mackey v. StateSupreme Court of Florida · 2013
  2. Bethel v. StateDistrict Court of Appeal of Florida · 2012
  3. R.J.C. v. StateDistrict Court of Appeal of Florida · 2012
  4. LAMARCUS ANTONIO SLYDELL v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  5. Bryan v. StateDistrict Court of Appeal of Florida · 2011

8 more not listed; retrieve them via the Exa API.

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