Whether a seizure can be initiated upon reasonable suspicion of a noncriminal violation

QUESTIONS PRESENTED In 2015, the State of Florida amended its concealed carry statute in favor of firearm possession. That is, it is now presumptively lawful to be in possession of a concealed firearm, and the burden no longer falls on the firearm possessor to prove licensure status. As a result, Florida’s state courts have declined to uphold seizures based merely upon the presence of a concealed firearm. The Eleventh Circuit, however, in reliance on outdated precedent, held differently below. Not only did the court sanction a seizure based upon suspicion of a noncriminal violation, but it also held that the mere presence of a concealed firearm alone provided reasonable suspicion to justify the seizure of not only the individual in possession of the firearm, but also of the people with him. The Eleventh Circuit’s reasoning puts it at odds with this Court’s Fourth Amendment jurisprudence, multiple state courts, and a number of its sister circuits, who have held both that reasonable suspicion of a noncriminal violation cannot form the basis of reasonable suspicion for a seizure, and that where a state’s laws explicitly sanction firearm possession—whether open carry or concealed carry—a seizure must be based on more than just the mere presence of a firearm. The questions presented are: 1. Whether a seizure can be initiated upon reasonable suspicion of a noncriminal violation. ‘ 2. Whether law enforcement officers have reasonable suspicion to effectuate a seizure based solely upon the presence of a concealed firearm in a state where carrying a concealed firearm is presumptively lawful. ii