Federal 7th Circuit Court
Criminal Court
Search and Seizure
In prosecution on firearms charge, Dist. Ct. did not err in denying defendant's motion to suppress seizure of firearm from his person after police officer observed large bulge in defendant's shirt, and after defendant had removed object while walking towards officer's squad car to speak with him. Defendant did not challenge initial stop by officer, and officer had articulable suspicion that defendant was concealing weapon, so as to justify subsequent frisk of defendant where: (1) conspicuous bulge in defendant's shirt resembled handgun handle; (2) disappearance of bulge when defendant was out of officer's view suggested that defendant had repositioned gun so as to pose risk to officer and bystanders; and (3) defendant gave what officer reasonably believed was pseudonym when asked to identify himself, which suggested to officer that defendant was attempting to hide something. Fact that defendant willingly came to officer's squad car did not negate officer's suspicion that defendant posed danger.