Johnson v. State
The Fourth District addressed whether a Terry frisk for officer safety is justified when a lawfully detained individual is suspected of carrying a concealed firearm, in light of post-2015 Florida law and Second Amendment jurisprudence making mere firearm possession non-criminal. The majority held that, under the totality of the circumstances—including the high-crime, poorly lit location, the deputy's observation of a gun-shaped bulge with an extended magazine, and the defendant's apparent effort to conceal it from the officers—the deputies had reasonable suspicion the defendant was both armed and dangerous, justifying the pat-down even though he was lawfully detained only for a noncriminal bicycle-light infraction. Judge Ciklin dissented, arguing that mere possession of a firearm plus concealment efforts, without threatening conduct, flight, or connection to the reported crime, did not establish the required individualized suspicion of dangerousness distinct from mere armed status.
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Key facts
- Johnson was lawfully detained by deputies for a bicycle-light infraction in a high-crime, poorly lit area.
- During the detention, deputies observed what appeared to be a gun-shaped bulge with an extended magazine on Johnson's person and believed he was attempting to conceal it from them.
- +2 more key facts with a free trial
Why it matters
This opinion is significant because it squarely confronts how Terry's 'armed and dangerous' standard operates in Florida's post-2015 legal landscape, where carrying a concealed firearm is not itself illegal absent proof… — full analysis with a trial
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