Nehemiah Devince Brock v. The State of Florida

Summary

The Third District Court of Appeal of Florida affirmed the denial of Nehemiah Devince Brock's motion to suppress a firearm recovered during an investigatory stop. The court held that the officers had reasonable suspicion based on the totality of the circumstances, including the location, Brock's conduct, his apparent age, and the apparent firearm outline in his hoodie pocket. The court noted, but did not decide, potential constitutional implications of Florida's age restriction on carrying concealed firearms.

Holdings

1. The officers had the requisite reasonable suspicion to conduct the investigatory stop and limited pat-down because the totality of the circumstances, including the location, date, Brock's apparent age and nervousness, his hoodie and conduct, and the apparent outline of a firearm, supported suspicion that criminal activity was occurring or was about to occur.
2. The trial court properly denied Brock's motion to suppress, and the denial was affirmed.

Questions Presented

1. Whether the officers had reasonable suspicion under the totality of the circumstances to conduct an investigatory stop and limited pat-down search of Brock.
2. Whether the trial court's denial of Brock's motion to suppress was supported by competent, substantial evidence and legally correct.

Disposition

affirmed