United States v. Pope, No. 18-1264 (8th Cir. 2018)
Annotate this CaseThe 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.
Court Description: Arnold, Author, with Wollman and Benton, Circuit Judges] Criminal case - Criminal law. Police officer had reasonable suspicion that criminal activity was afoot when he personally observed defendant place a 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 possessed the firearm legally; officer could frisk a handcuffed person. [ December 07, 2018
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