United States v. Polite, No. 18-1752 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he conditionally pleaded guilty to being an unlawful user of a controlled substance in possession of a firearm. The court held that law enforcement officers had reasonable suspicion to conduct a Terry stop after they observed defendant loitering with known gang members and engaging in suspected criminal activity. Although the court disregarded part of an officer's testimony as incredible and implausible, there was nonetheless sufficient evidence to demonstrate that officers had probable cause to arrest defendant for illegally possessing a firearm. In this case, a reasonable officer could believe that defendant looked under 21 years old and the gun had been concealed prior to him discarding it.