State v. Francois, 76-1836
| Decision Date | 24 January 1978 |
| Docket Number | No. 76-1836,76-1836 |
| Citation | 355 So.2d 127 |
| Parties | The STATE of Florida, Appellant, v. Marvin FRANCOIS, Appellee. |
| Court | Florida District Court of Appeals |
Janet Reno, State's Atty., and George Volsky, Asst. State's Atty., for appellant.
Bennett H. Brummer, Public Defender, and Warren S. Schwartz, Asst. Public Defender, for appellee.
Before PEARSON, BARKDULL and NATHAN, JJ.
The State appeals an order suppressing evidence on the ground that the search and seizure were unreasonable. An information was filed charging the defendant Marvin Francois with carrying a concealed firearm. Defendant filed a motion to suppress the evidence (that is, the firearm) on the grounds that the defendant was detained and questioned by an officer at which time the officer patted down the defendant and seized a revolver and that the defendant was not known to have a dangerous reputation, nor was he under arrest at the time the search took place.
The motion came on for a hearing before the court at which the officer testified that at around one o'clock in the morning, he was approached by an unknown informant who told him that a man inside a nearby bar was threatening to kill a person identified as "Big Duke." The officer did not know the informant and he had no reason to regard him as a reliable informant. However, the officer went into the bar where Francois was pointed out to him as the person making the threat. The officer asked Francois to step outside the bar with him and then asked Francois for identification. While questioning Francois, the officer noticed a bulge on Francois' leg and reached down and removed a revolver. Francois was then arrested for carrying a concealed firearm.
The trial court sustained the motion to dismiss and this appeal is from that order. We reverse.
Section 901.151, Florida Statutes (1975), provides in part as follows:
...
To continue reading
Request your trial
-
State v. Hetland
...The state appealed, urging that this court follow the recent decision of the Third District Court of Appeal in State v. Francois, 355 So.2d 127 (Fla.3d DCA 1978). In Francois, an unidentified individual told a police officer that a man inside a nearby bar was threatening to kill someone. Th......
-
State v. Ramos
...search of the outer clothing of the person involved for concealed weapons. McNamara v. State, 357 So.2d 410 (Fla.1978); State v. Francois, 355 So.2d 127 (Fla.3d DCA 1978); Williams v. State, 294 So.2d 37 (Fla.3d DCA 1974); State v. Woodard, 280 So.2d 700 (Fla.2d DCA 1973); Thomas v. State, ......
-
Phillips v. State
...3d DCA 1973); Thomas v. State, 250 So.2d 15 (Fla. 1st DCA 1971). See also McNamara v. State, 357 So.2d 410 (Fla.1978); State v. Francois, 355 So.2d 127 (Fla. 3d DCA 1978); Williams v. State, 294 So.2d 37 (Fla. 3d DCA 1974).) The officer's belief that the detainee is armed may be reasonable ......
-
State v. Webb
...Fourth District has modified its view regarding BOLOs based on anonymous tips. Adopting the rationale of Hetland and State v. Francois, 355 So.2d 127 (Fla. 3d DCA 1978), cert. denied, 361 So.2d 832 (Fla.1978), in Isham v. State, 369 So.2d 103 (Fla. 4th DCA 1979), cert. denied, 381 So.2d 770......