United States v. Davison, No. 15-1292 (8th Cir. 2015)
Annotate this CaseDefendant conditionally pleaded guilty to being a felon in possession of a firearm and subsequently appealed the denial of his motion to suppress evidence. The firearm at issue was discovered during a stop and frisk. The court concluded that, given the totality of the circumstances present in this record, the district court did not err in concluding that the officer had reasonable suspicion to conduct the stop and frisk and therefore denying defendant's motion to suppress. In this case, the officer reasonably suspected defendant had stolen a truck and the officer stopped defendant after observing them walk through the yard of a known drug house in a high-crime area where recent shootings had occurred. Accordingly, the court affirmed the judgment.
Court Description: Loken, Author, with Beam and Shepherd, Circuit Judges] Criminal case - Criminal law. The totality of the facts available to the officer, including the fact that defendant and his companion matched the description of persons recently operating a stolen truck as well as their behavior once they noted they were being observed by police, justified the officer's decision to make a Terry stop; the same behavior and facts, as well as facts such as the time of day and the location (a high crime neighborhood), justified the officer conducting a frisk for officer safety; the gun found in defendant's pocket was, therefore, admissible.
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