Court: District Court of Appeal of Florida; December 9, 1985; Florida; State Appellate Court
The case involves Richard E. Swift, who was stopped by Miami police for a traffic violation. After exiting his vehicle and providing his driver's license, police officers searched his vehicle without consent, discovering a .25 caliber revolver in a closed console. Swift was arrested for carrying a concealed weapon, fingerprinted, photographed, and subjected to a strip search at the Dade County jail. He was later released without prosecution, leading him to file a false arrest and imprisonment lawsuit. The jury awarded him $50,000.
The City of Miami appealed, arguing insufficient evidence, that the firearm was not concealed as per Florida law, and that the verdict was excessive. The court affirmed the jury's verdict, noting that the City failed to preserve its argument regarding evidence sufficiency by not renewing its motion for a directed verdict after all evidence was presented. It ruled that a firearm in a closed console does not violate the statute against carrying a concealed weapon, as it meets the definition of being 'securely encased.' The court also found the verdict to be reasonable given the circumstances of Swift's arrest and subsequent treatment, including the lack of any notation of his dismissed charges in criminal records.
The validity of the search was not contested during the trial or on appeal, and the court does not endorse the search's legality based on the case's facts. According to Section 790.25(5) of the Florida Statutes (Supp. 1982), individuals may legally possess a concealed firearm or weapon for self-defense within a private vehicle without a license, provided the firearm is securely encased or not easily accessible for immediate use. This provision allows for the lawful carrying of firearms, excluding handguns, in a vehicle. It does not permit the carrying of a concealed firearm or weapon on one’s person. The statute is intended to be interpreted broadly to support the lawful use, ownership, and possession of firearms for self-defense, as outlined in Section 776.012. The term "securely encased" includes various forms of containers such as glove compartments, holsters, gun cases, and boxes that necessitate opening for access.
