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658 So. 2d 1235

Lofton v. State

District Court of Appeal of Florida

Decided August 17, 1995

District Court of Appeal of Florida · decided 1995-08-17

Relies on 626 So. 2d 185 - Popple v. State · Porter v. Hubbart · 635 So. 2d 1063 - Cowart v. State

Decided 1995-08-17

PER CURIAM.

¶1Appellant challenges his conviction and sentence for carrying a concealed firearm. He asserts that the trial court erred in denying his motion to suppress the physical evidence against him. We agree and reverse.

¶2The encounter between the police and appellant cannot be considered to be a consensual encounter in light of the restrictions placed on appellant’s freedom to leave. Popple v. State, 626 So.2d 185 (Fla.1993); Cowart v. State, 635 So.2d 1063 (Fla. 2d DCA 1994). In addition, there was insufficient evidence to establish a reasonable suspicion to justify a temporary detention of appellant. See Hills v. State, 629 So.2d 152 (Fla. 1st DCA 1993).

¶3Accordingly, appellant’s judgment of conviction is reversed.

ERVIN, WOLF and LAWRENCE, JJ., concur.
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