U.S. v. Tinnie

In prosecution on unlawful possession of firearms charge, Dist. Ct. did not err in denying defendant's motion to suppress firearm seized from defendant's person during traffic stop in which defendant was passenger in said vehicle. Officer had reasonable suspicion to believe that defendant was armed, and that his frisk was necessary to assure officer's safety where: (1) instant stop took place late at night in high crime area; (2) defendant failed to give officer identification card and gave age that was at variance with stated birth date; and (3) defendant initially refused to answer officer's question as to whether defendant had guns or drugs in his possession. Fact that arresting officer testified that he was going to search defendant before directing him to exit vehicle was irrelevant. Dissenting justice argued that instant decision gives arresting officers free will to search anyone stopped in high crime area.