U.S. v. Robinson

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 09-3955
Decision Date: 
August 10, 2010
Federal District: 
N.D. Ind., Ft. Wayne Div.
Holding: 
Affirmed
In prosecution on drug distribution charge, Dist. Ct. did not err in denying defendant's motion to suppress cocaine seized from defendant's buttocks during traffic stop in which defendant was passenger. Police officer had probable cause to stop vehicle for traffic offense, and defendant conceded that officer was entitled to frisk him after officer observed knife in defendant's front pocket. Moreover, although officer interrupted defendant's search after noticing something hard near defendant's backside, officer could return to complete frisk to satisfy himself that defendant had no weapon. Officer also acted properly in interrupting defendant's frisk to examine subject vehicle, where, at time of defendant's frisk, officer needed to secure unlocked vehicle from defendant's sister and girlfriend, who were nearby.