U.S. v. Patton

Dist. Ct. did not err in denying defendant’s motion to suppress gun that police seized from defendant pursuant to Terry stop in which police questioned defendant and others in group that police had observed drinking alcohol in public. Police could properly stop entire group where local ordinance prohibited individuals from consuming alcohol in public, and officer could properly search defendant for weapons where: (1) defendant failed to initially comply with officer’s directive to move to certain area and instead took five steps in opposite direction; (2) instant stop took place in high crime area where recent shooting had occurred; and (3) defendant displayed nervous behavior when confronting officer. Fact that officer indicated that he was going to search all members of group for weapons upon arrival at scene did not require different result where justification for search does not depend on subjective intent of officer.