Dist. Ct. did not err in denying defendant’s motion to suppress gun that officer seized from defendant’s front pocket, after police received tip that short black male wearing hoodie had gun in his front pocket while standing with group of individuals in front of housing project known for criminal activity, and that said group was engaged in suspicious activity. Officer could properly conduct instant Terry stop and subsequent protective frisk, where: (1) upon receiving tip, officer saw 10 individuals standing outside instant housing complex; (2) defendant was only person that generally matched tipster’s description of individual possessing gun; (3) officer was aware that defendant had prior felony; (4) defendant attempted to move and weave away from officer as officer got close to group; and (5) officer saw conspicuous large bulge in front pocket of defendant’s jeans. Fact that defendant was not wearing hoodie did not require different result.
Federal 7th Circuit Court
Criminal Court
Search and Seizure