United States Tenth Circuit

Grant of a motion to suppress evidence, based on a claim that police lacked reasonable suspicion to conduct a pat-down search following a traffic stop, is reversed where the totality of circumstances supported an officer's reasonable belief that defendant might be carrying a weapon.

Appellate Information

• Decided 04/23/2007
• Published 04/24/2007

Judges

• TYMKOVICH, Circuit Judge., Before BRISCOE, McWILLIAMS, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Claire J. Evans, Appellant Section, Criminal Division, United States Department of Justice, Washington, D.C. (David E. O'Meilia, United States Attorney, and D. Edward Snow, Assistant United States Attorney, Northern District of Oklahoma, Oklahoma City, with her on the briefs) for Plaintiff-Appellant.


• For Appellees:
  
• Robert A. Ridenour, Assistant Federal Public Defender (John V. Butcher, Federal Public Defender, with him on the brief) Office of the Federal Public Defender, Northern & Eastern Districts of Oklahoma, Tulsa Oklahoma, for Defendant-Appellee.