United States v. Richmond
2011 U.S. App. LEXIS 10435
| 7th Cir. | 2011Background
- Officer Linthicum observed Richmond with a conspicuous bulge near the waistband suggesting a handgun.
- Richmond’s bulge disappeared when obscured by newspaper boxes, raising concern for officer safety.
- Richmond provided a false name; database showed no record, increasing suspicion.
- Linthicum conducted a cursory pat-down, felt a handgun, and handcuffed Richmond.
- A revolver and ski mask were recovered; Richmond later provided his correct identity; a warrant was found.
- Richmond moved to suppress the revolver as the fruit of an unlawful search; the district court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion for a frisk | Richmond | Richmond | Yes; totality of circumstances supported reasonable suspicion |
Key Cases Cited
- Arizona v. Johnson, 555 U.S. 323 (U.S. Supreme Court, 2009) (two-step inquiry: lawful stop and reasonable suspicion for frisk)
- United States v. McKoy, 428 F.3d 38 (1st Cir., 2005) (separate analysis for frisk from valid stop; requires suspicion of weapon)
- United States v. Booker, 579 F.3d 835 (7th Cir., 2009) (reasonable suspicion requires specific articulable facts in totality)
- United States v. Tinnie, 629 F.3d 749 (7th Cir., 2011) (totality of circumstances in evaluating suspicion)
- United States v. Oglesby, 597 F.3d 891 (7th Cir., 2010) (bulge, concealment concerns, and no record factors can contribute to suspicion)
- United States v. Sholola, 124 F.3d 803 (7th Cir., 1997) (no record on file can contribute to reasonable suspicion)
- United States v. Fiasche, 520 F.3d 694 (7th Cir., 2008) (deference to credibility findings in suppression context)