U.S. v. Smith

In prosecution on charge of unlawful possession of firearm, Dist. Ct. did not err in denying defendant’s motion to suppress handgun that police discovered in defendant’s underwear following third pat-down search that was conducted after vehicle in which defendant was passenger was stopped for traffic violation. First pat-down of defendant was proper, where defendant did not contest initial stop of vehicle for traffic offense, and where at time of search it was dark outside, defendant had rested his pelvis against car without prompting and officer testified that defendant looked unusually nervous, even though he was not driver. Also, it is not necessarily unreasonable for police to frisk person more than once, and instant second and third pat-down searches were reasonable, since: (1) prior to second pat-down, defendant had repeatedly rested his pelvis against car as if to prop something up, walked oddly and continued to appear unusually nervous; and (2) circumstances of third pat-down indicated that defendant had continued to rest his pelvis against car as if to prop something up, that defendant exhibited unusual limp, and that officer performed more thorough search of defendant’s groin area where he felt hard metal object.