United States v. House, 463 F. App'x 783

Defendant Joseph Paul House pled guilty to one count of felon in possession of a firearm and was sentenced to 39 months’ imprisonment plus 3 years’ supervised release.
Officer Daley investigated a mid-day noise-call at a basement; no intruder found and no weapons recovered.
House was the only pedestrian in the area; he turned away when a marked patrol car approached.
A single officer interacted with House on a public sidewalk; House kept his phone to his ear and his left hand in his coat pocket.
The officer observed a bulge in House’s left pocket and a folding knife protruding from his right pocket; House claimed no weapons.
The officer conducted a Terry frisk and later retrieved a handgun from House’s waistband; the district court denied suppression, ruling the initial encounter was consensual and the frisk justified by safety concerns.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the initial officer–citizen encounter consensual?	House contends the encounter was non-consensual.	House argues the encounter was a seizure requiring reasonable suspicion.	Consensual (subject to totality of circumstances)
Did Officer Daley have reasonable articulable suspicion to frisk?	House argues there was no reasonable suspicion that he was armed and presently dangerous.	Daley argues the bulge and knife supported suspicion that House was armed and dangerous.	No reasonable articulable suspicion to frisk; frisk unlawful; suppression warranted.

Terry v. Ohio, 395 U.S. 1? ((1968)) (established permissible stops/frisks based on reasonable suspicion of armed danger)
United States v. Rogers, 556 F.3d 1130 ((10th Cir. 2009)) (consensual encounter analysis on totality of circumstances)
United States v. Rice, 483 F.3d 1079 ((10th Cir. 2007)) (reasonable suspicion based on total circumstances including location and nervousness)
United States v. Harris, 313 F.3d 1228 ((10th Cir. 2002)) (nervousness and hands in pockets as support for frisk)
United States v. Garcia, 459 F.3d 1059 ((10th Cir. 2006)) (drug involvement can support reasonable suspicion to frisk)
Mimms, 434 U.S. 106 ((1977)) (bulge permitted officer to conclude arming and danger during stop)
Ryburn v. Huff, 132 S. Ct. 987 ((2012)) (emergency entry justified by imminent danger; officer-safety standard)
Knowles v. Iowa, 525 U.S. 113 ((1998)) (officer safety considerations in stops)
Davis, 202 F.3d 1060 ((8th Cir. 2000)) (consensual encounters may still raise safety concerns)
Wardlow, 528 U.S. 119 ((2000)) (flight may contribute to reasonable suspicion)
Katoa, 379 F.3d 1203 ((10th Cir. 2004)) (framework for reviewing suppression rulings)