STATE OF FLORIDA
v.
ALFRED EDDIE
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Mere possession of a concealed weapon does not constitute criminal activity and cannot be the basis for an investigatory stop.
[1] Mere possession of a concealed weapon does not constitute criminal activity and therefore cannot serve as the basis for an investigatory stop under the Fourth Amendment.
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Join FLexlaw to unlock all legal intelligence“an investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop”
The court cited Florida v. Royer for the principle that the scope of intrusion permitted in a seizure on suspicion short of probable cause must be limited and temporary.
Alfred Eddie was stopped by law enforcement in Miami-Dade County. The stop was based on the discovery or suspicion of a concealed weapon.…
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Third District Court of Appeal State of Florida
Opinion filed September 24, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-2161 Lower Tribunal No. F24-2249 ________________
The State of Florida, Appellant,
vs.
Alfred Eddie, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.315(a) from the Circuit Court for Miami-Dade County, Lody Jean, Judge.
James Uthmeier, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellant.
Eugene F. Zenobi, Office of Criminal Conflict and Civil Regional Counsel, Third Region, and Kristen Kawass, Assistant Regional Counsel, for appellee.
Before SCALES, C.J., and LOBREE and GOODEN, JJ.
PER CURIAM.
Affirmed. See Florida v. Royer, 460 U.S. 491, 500 (1983) (“The predicate permitting seizures on suspicion short of probable cause is that law enforcement interests warrant a limited intrusion on the personal security of the suspect. The scope of the intrusion permitted will vary to some extent with the particular facts and circumstances of each case. This much, however, is clear: an investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop.”); Sheppard v. State, 404 So. 3d 590, 594 (Fla. 3d DCA 2025) (holding that mere possession of a concealed weapon does not constitute criminal activity and, therefore, cannot be the basis for an investigatory stop).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Florida v. Royer, 460 U.S. 491 (U.S. 1983)
- Sheppard v. State, 417 So. 3d 497 (Fla. 3d DCA 2025)