U.S. v. Ford

In prosecution on unlawful possession of firearm charge, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of handgun found in pocket of defendant’s jacket during frisk of defendant following traffic stop of car in which defendant was passenger. Officer observed two open beer cans in subject vehicle, and thus officer had probable cause to arrest and frisk defendant based on violation of open container law. Also, outside of open container violation, police had reasonable suspicion to frisk defendant, where: (1) officer had received email 9.5 hours earlier from police in neighboring city that warned that defendant and his two companions in instant vehicle might retaliate against third-party for third-party’s recent shooting of one of defendant’s companions; (2) defendant and his two companions had been drinking, which would have given officer greater reason to worry that defendant might to something unpredictable and dangerous; and (3) officer was aware that defendant and his two companions had extensive criminal histories. Also, officer’s touching of small hard object from outside of defendant’s jacket pocket gave officer reasonable suspicion to believe that said object was weapon.