United States Eighth Circuit

In a prosecution for being a felon in possession of a firearm, denial of defendant's motion to suppress evidence is affirmed where: 1) passengers may be searched during a traffic stop based upon reasonable suspicion they may be armed and dangerous, and no reasonable suspicion of other criminal activity is required; and 2) a claim of error, arguing that the search was invalid because an officer lacked reasonable suspicion that defendant was engaged in criminal activity, was untimely and meritless.

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Shana Gail Buchanan, argued, on the brief, Gary R. Bryant-Wolf, Minneapolis, MN, for Defendant-Appellant., Peter Mark Jarosz, argued, on the brief, Elizabeth Altman, AUSA, Madison, WI, for Plaintiff-Appellee.