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Search and seizure Stop and frisk Concealed Firearm

Posted by John 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 Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four 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.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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