United States v. Hammond, 890 F.3d 901

March 16, 2016: Aurora officers stopped a Chevrolet Monte Carlo for a broken brake light; Hammond was the passenger.
Officer Ricks searched Police Information Management System (PIMS) before the stop and learned the car had been seized weeks earlier in a weapons-possession matter tied to Hammond; PIMS also showed Hammond as a suspect in another weapons case and listed him as a documented gang member.
On approach Ricks identified Hammond, observed him wearing colors associated with the Crips, and ordered him out of the car for a weapons frisk; Hammond was calm and compliant.
Ricks conducted a pat-down and found a loaded .32 caliber handgun in Hammond’s sweatshirt pocket; Hammond was arrested and charged under 18 U.S.C. § 922(g)(1).
Hammond moved to suppress the gun, arguing the frisk lacked reasonable suspicion; the district court denied the motion, and the Tenth Circuit reviewed that denial on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers had reasonable suspicion to frisk Hammond for weapons during the traffic stop	Hammond: frisk was unsupported by reasonable suspicion; his mere criminal history and gang affiliation are insufficient, and circumstances (well-lit intersection, compliance, two officers present) weighed against danger	Government: officers reasonably suspected Hammond was armed and dangerous based on PIMS information (recent weapons arrest tied to the same car, prior weapons-suspect listing, documented gang membership) and his wearing gang colors amid ongoing gang feuds	Court: Affirmed — under the totality of circumstances officers had reasonable suspicion to frisk Hammond for weapons

Terry v. Ohio, 392 U.S. 1 (establishes frisk standard: officer needs reasonable suspicion that person is armed and dangerous)
Arizona v. Johnson, 555 U.S. 323 (applies Terry to vehicle stops; officers may order occupants out and frisk on reasonable suspicion)
United States v. Arvizu, 534 U.S. 266 (totality-of-circumstances test for reasonable suspicion)
United States v. Davis, 636 F.3d 1281 (10th Cir.) (review standards and Terry framework)
United States v. Garcia, 751 F.3d 1139 (10th Cir.) (totality of experience-based facts can support a frisk)
United States v. DeJear, 552 F.3d 1196 (10th Cir.) (officer observations plus context can supply reasonable suspicion)
United States v. Rice, 483 F.3d 1079 (10th Cir.) (criminal record alone is insufficient for reasonable suspicion)
United States v. Guardado, 699 F.3d 1220 (10th Cir.) (presence of multiple officers does not necessarily defeat frisk justification)