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Search and seizure Stop and frisk Concealed Firearm

Posted by John P. Rutkowski | May 05, 2018 | 0 Comments

The trial court erred in denying defendant's dispositive motions to suppress firearm discovered during Terry stop and frisk where officer did not have reasonable suspicion of illegal activity which would justify stop. Neither tip from restaurant employee that customer appeared to have a gun in his waistband nor officer's observation of bulge in defendant's clothing as defendant stood in parking lot talking on his phone provided reasonable suspicion of criminal activity. Possession of concealed firearm, without more, does not justify Terry stop. Read Case Below: 

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.