Mackey v. State

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Defendant pled guilty to carrying a concealed firearm and possession of a firearm by a convicted felon. Defendant appealed, arguing that the trial court erred by denying his motion to suppress the firearm, his identity as a convicted felon, and statement he made after he was detained by the police. In particular, Defendant alleged that the arresting officer lacked reasonable suspicion to conduct the Terry stop because no facts were presented to indicate that Defendant did not possess a license to carry the firearm. The court of appeal affirmed but certified conflict with Regalado v. State on the issue of whether an officer who believes that someone is carrying a concealed firearm, without more, has reasonable suspicion to conduct a Terry stop. The Supreme Court affirmed, holding (1) given the differing factual circumstances that preceded the stops in Regalado and in this case, no actual conflict existed; and (2) the court of appeal did not err in finding that the Terry stop of Defendant was valid. View "Mackey v. State" on Justia Law