United States v. Snow, No. 10-2031 (7th Cir. 2011)
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A gun was discovered on defendant's person after he was pulled over on suspicion of a burglary attempt and ordered out of his vehicle for a protective patdown. Defendant had prior felony convictions, and pled guilty as a felon-in-possession, 18 U.S.C. 922(g)(1) but appealed denial of his motion to suppress. The Seventh Circuit affirmed. Defendant did not dispute that officers had reasonable suspicion that he may have been involved in criminal activity, such that an investigative detention under Terry was warranted. The facts known to officers suggested burglary and burglary is the type of offense that likely involves a weapon; the decision to order defendant out of the truck for purposes of a protective frisk was reasonable despite the absence of additional facts suggesting that he in particular might be armed.
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