United States v. Smith, No. 21-1266 (7th Cir. 2022)
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Smith was a passenger in Naylor’s car. Chicago police officers pulled them over for running a red light. Smith was “shaking.” Officer Holden asked Smith to step outside. Smith complied but immediately rested the front of his pelvis against the car. Holden asked Smith to step back, then performed an initial pat-down focused on Smith’s waistband, pockets, and lower leg. Holden did not find any contraband but placed Smith in handcuffs. Holden asked Smith to walk several steps. Smith “had that side-to-side walk, as if he was holding something in his crotch area.” Smith then rested his pelvis against the front of the police car. Holden performed the second pat-down by jiggling Smith’s pant legs. Nothing fell out. Holden then asked Smith to walk again and observed an exaggerated limp. About one minute later, Holden conducted the final pat-down, focusing on Smith’s groin area, and removed a loaded handgun from Smith’s underwear. Approximately 11 minutes elapsed between the initiation of the stop and the discovery of the gun.
Smith was charged as a felon in possession of a firearm. The district court granted Smith’s motion to suppress certain statements but denied his motion to suppress the gun. The Seventh Circuit affirmed. Under the totality of the circumstances—a nighttime traffic stop of an individual who appeared very nervous, walked strangely, and repeatedly rested his pelvis against cars as if to prop something up— reasonable suspicion supported the final pat-down.
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