U.S. v. Riney

In prosecution on unlawful possession of firearm charge, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of gun found in defendant’s waistband, after police pulled near defendant’s car while looking for two individuals involved in recent shooting in neighborhood. Dist. Ct. could properly credit police officer’s testimony that defendant and another individual in defendant car generally matched description of shooters, and that he saw gun handle protruding from defendant’s waistband as defendant got out of car. Ct. rejected defendant’s argument that police could not have seen gun handle due to darkness. Moreover, officer had reasonable suspicion to stop and frisk defendant given description of shooter, defendant’s flight and observation of gun in defendant’s waistband.