D.H. v. STATE

No. 3D12-2520.

121 So.3d 76 (2013)

D.H., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 4, 2013.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Vyacheslav Borshchukov and Brian Ellison , Assistant Public Defenders, for appellant.

Pamela Jo Bondi , Attorney General, and Shayne R. Burnham , Assistant Attorney General, for appellee.

Before ROTHENBERG, EMAS, and FERNANDEZ, JJ.


ROTHENBERG, J.

D.H. appeals the trial court's order denying his motion to suppress a firearm and marijuana found in his possession after a pat-down search conducted during an investigatory stop. Because there was no reasonable suspicion to believe D.H. was armed with a dangerous weapon, or probable cause for an arrest when the pat-down was conducted, we reverse and remand with directions that D.H. be discharged.

BACKGROUND

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