L.D. v. State

Appellant entered a plea of nolo contendere to the charge of carrying a concealed weapon, reserving the right to appeal the denial of his motion to suppress the weapon. While we are cognizant of the deference afforded a trial court's ruling on a motion to suppress, see McNamara v. State, 357 So. 2d 410 (Fla. 1978); Glover v. State, 677 So. 2d 374 (Fla. 4th DCA 1996), we conclude that the trial court erred in finding that the search by the officer was reasonable under the circumstances of this case. We, therefore, reverse. The facts are not in dispute. At ll:50 p.m., Appellant was observed by a police officer riding a bicycle, without lights, in a ""high crime"" area. The officer approached Appellant and made inquiries as to his identity. Appellant, a juvenile, gave the officer his name but did not have any identification. The officer advised Appellant that he was going to conduct a pat-down search, which, according to the officer, is ""routine"" under these circumstances. The officer then seized Appellant by placing Appellant's hands on top of his head. As the pat-down began, Appellant advised the officer that he had a firearm in his back pocket. The officer found the firearm and placed Appellant under arrest.