United States v. Polite, No. 18-1752 (8th Cir. 2018)
Annotate this CaseThe 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.
Court Description: Erickson, Author, with Beam and Grasz, Circuit Judges] Criminal Case - suppression. The arresting officer had reasonable suspicion to conduct a Terry-stop, after observing defendant loitering with known gang members, kneeling in front of a parked car and standing up a second later after police's emergency lights were lit. In determining the existence of reasonable suspicion, the officer's testimony about hearing firearms hit the ground are disregarded as incredible, as is the officer's statement that he knew the defendant. The officer had probable cause to arrest Polite for illegally possessing a firearm because could reasonably believe Polite looked under the age of 21 and the gun had been concealed prior to him discarding the gun. Setting aside the clearly incredible and implausible aspects of the officer's testimony, there remains sufficient evident to support the Terry stop and the arrest. -
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