U.S. v. Howard

In prosecution on drug and firearm charges, Dist. Ct. did not err in denying defendant’s motion to suppress drugs seized during search of defendant during police stop of third-party and others, where defendant was in same vehicle with third-party, who was wanted for arrest on unrelated charge. Initial stop and brief frisk of defendant for weapons (which did not produce instant drugs) was proper to ensure officer’s safety when arresting third-party. Moreover, defendant's continued detention and second search was appropriate, where officer noticed blood on defendant’s clothing and on clothing of third-party and others in vehicle. Fact that officer used handcuffs for defendant's initial detention did not require different result. Moreover, any error was harmless, where instant drugs would have been discovered at scene of initial stop since other officers came to scene with information that defendant matched description of suspect in recent armed robbery, which, in turn, would have provided second basis for searching defendant.