O.W. v. State
The Second DCA reversed a juvenile's delinquency adjudication for firearm offenses, holding that officers lacked reasonable suspicion to conduct a weapons pat-down during a bicycle-lighting traffic stop. The court found that nervousness, an unusual stance, and a jacket draped over one shoulder—absent any visible bulge or other objective indication of a weapon—were insufficient to justify the frisk, and that the trial court's reliance on a factually distinguishable prior case (Vera) was misplaced.
Key facts
- O.W., a juvenile, was charged with firearm offenses following a weapons pat-down conducted during a bicycle-lighting traffic stop.
- Officers conducted a pat-down of O.W. based on nervousness, an unusual stance, and a jacket draped over one shoulder, resulting in the discovery of a firearm.
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Why it matters
This opinion is a useful compilation of Second and Fourth District precedent on the 'no visible bulge' limitation on weapons pat-downs following noncriminal traffic stops, reinforcing that generalized nervousness or… — full analysis with a trial
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