U.S. v. Oglesby

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 09-1334
Decision Date: 
March 10, 2010
Federal District: 
C.D. Ill.
Holding: 
Affirmed
In prosecution on charge of unlawful possession of firearm, Dist. Ct. did not err in denying defendant's motion to suppress handgun seized from his pocket during pat-down search after police approached defendant and others, who were blocking sidewalk in violation of local ordinance. Police had reasonable suspicion that defendant was armed during instant Terry stop where encounter occurred in high-crime area, and where defendant had demonstrated nervous or evasive behavior by repeatedly lowering his right hand in effort that police reasonably believed was attempt to conceal handgun.