United States Eighth Circuit

In a prosecution for being a felon in possession of a firearm involving circumstances in which defendant was seen by an officer protectively clutching something in his hoodie pocket and then stopped and frisked, a district court's order suppressing the firearm is affirmed where the officer who performed the search at issue failed to comply with the mandate in Terry that there must be reasonable suspicion of on-going criminal activity justifying a stop before a coercive frisk may be constitutionally employed.

Appellate Information

• Decided 06/08/2010
• Published 06/08/2010

Judges

• Before LOKEN, Chief Judge,GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael D. Wellman, AUSA, argued, Omaha, NE (Joe W. Stecher, on the brief), for Appellant.


• For Appellees:
  
• Jeffrey Louis Thomas, AFPD, argued, Omaha, NE, for Appellee.