United States v. Pope, No. 18-1264 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he pleaded guilty to being a felon in possession of a firearm. The court held that the officer had reasonable suspicion that criminal activity was afoot when he personally observed defendant place the gun in his waistband; the Supreme Court has already authorized police officers to frisk a suspect reasonably believed to be armed even where it could be that the suspect possesses the arms legally; and the frisk was not unreasonable even if defendant had been handcuffed because the handcuffs did not limit a person's ability to perform harmful acts.