United States v. Hurd, No. 14-2872 (8th Cir. 2015)
Annotate this CaseMinneapolis Officers Martin and Englund were patrolling an area that had high levels of narcotics transactions. They saw a car stopped in the middle of the road with Hurd standing next to the driver’s window. Based on the high-crime location, the darkness, the cold temperature, and the absence of buildings on the block, Martin suspected a narcotics transaction. Martin stopped the squad car behind the other car. Hurd approached the squad car with his hands in his jacket pockets. The officers exited their vehicle and ordered Hurd to remove his hands from his pockets. Hurd initially complied, but then put them back in his pocket and continued to approach the officers. The officers grabbed Hurd and placed him over the hood of the squad car. Hurd still refused to take his hands out of his pockets. Martin reached into the pocket and felt the butt of a handgun. The officers removed a loaded, cocked .45-calibur pistol. Hurd was charged as a felon in possession of a firearm. He moved to suppress the evidence, arguing that the officers had no reason to conduct a Terry stop. The district court denied the motion, noting that a protective frisk for officer safety purposes was appropriate under the circumstances. The Eighth Circuit affirmed.
Court Description: White, Author, with Wollman and Colloton, Circuit Judges] Criminal case - Criminal law and sentencing. The totality of the circumstances, including the facts observed by the police officer and his experience, created a reasonable suspicion that a drug transaction was taking place, justifying a Terry stop; the circumstances of the stop, together with defendant's refusal to remove his hands from his pockets, justified a pat down for purposes of officer safety. [ May 07, 2015
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