James E. Gilliam, Jr., entered a conditional guilty plea to one count of being a drug user in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2). The plea agreement preserved Gilliam’s right to appeal the district court’s 1 denial of his motion to suppress. Gilliam appeals, arguing that the Terry stop and frisk that revealed his possession of a firearm violated his Fourth Amendment rights. We affirm.
I. Background
On October 25, 2005, seven officers conducted a warrant sweep throughout Kansas City, Missouri, by visiting the addresses listed on outstanding felony warrants. The officers went to the address listed on the arrest warrant for Kenio Simpson, who was sought for failing to appear in court on *846 a drag trafficking charge. After the officers knocked on the door, Gilliam opened the door and the officers asked Gilliam if he was Simpson. After Gilliam responded that he was not Simpson, the officers asked if he knew Simpson or if Simpson was at the residence. At that point, Simpson appeared behind Gilliam and was identified by Gilliam as being Simpson. The officers asked Simpson to confirm his identity, but Simpson denied it. After Gilliam and Simpson began arguing over Simpson’s identity, Gilliam grabbed Simpson and tried to push him outside toward the officers. The officers separated Gilliam and Simpson and attempted to determine who was who. Two of the officers took Simpson into custody, handcuffed him, conducted a pat-down search, and questioned him regarding his identity.
Before the officers could positively identify Simpson, Gilliam reentered the residence and headed toward an unsecured area therein. One of the officers told Gilliam to come back. Gilliam responded that the officers did not want him but rather the person on the porch. Gilliam continued to disobey the officer’s orders to step outside, causing the officer to walk toward Gilliam. Thereafter, Gilliam walked toward the officer, who put his hand on Gilliam’s shoulder and told Gilliam he was going to do a pat-down search to ensure that Gilliam was not carrying any weapons. Gilliam said “okay” and put his hands on the wall. The officer conducted a pat-down search and discovered a firearm in Gilliam’s waistband. Gilliam was handcuffed and then arrested for possession of stolen property following a computer check of the weapon. After being indicted, Gilliam filed a motion to suppress the firearm, arguing that there was no basis for a Terry stop or a Terry frisk. Following an evidentiary hearing, the district court denied the motion.
II. Analysis
On appeal, Gilliam argues that his Fourth Amendment rights were violated in two ways. First, he asserts that the Terry stop was improper because the officers had no reasonable indication that he was involved in criminal activity. Secondly, he contends that the Terry frisk was improper because there were no objective facts that created a reasonable suspicion that he was armed and dangerous.
“When reviewing a district court’s denial of a motion to suppress, we examine the findings of fact for clear error and review
de novo
whether the investigatory stop and search violated the Fourth Amendment.”
United States v. Walker,
In
Terry v. Ohio,
the Supreme Court held that an officer may conduct a brief, investigatory stop of an individual if the officer has a reasonable, articulable suspicion that the individual is involved in criminal activity.
The district court found that the
Terry
stop of Gilliam was appropriate because: (1) the officers were attempting to execute an arrest warrant for someone suspected of trafficking a controlled substance; (2) the officers had not yet confirmed the identity of the individual named in the arrest warrant; (3) Gilliam was trying to distance himself from the offi
*847
cers; and (4) Gilliam ignored an officer’s directive to stay outside. Gilliam argues that these circumstances are insufficient to justify a
Terry
stop because his attempt to go back into the house and close the door did not create a reasonable suspicion that he was involved in criminal activity. Gilliam points out that a person has the “right to ignore the police and go about his business,” and that a person’s “refusal to cooperate, without more, does not furnish the minimal level of objective justification needed” for a
Terry
stop.
Illinois v. Wardlow,
Gilliam also argues that the officers should have known that he was not Simpson because Gilliam is seventy-four inches tall and the arrest warrant described Simpson as sixty-five inches tall. Gilliam suggests that because a person’s height does not change dramatically over time, the discrepancy between his height and Simpson’s height should have put the officers on notice that Gilliam was not the person they were seeking. Although Gilliam and Simpson are of different heights, the district court relied on the testimony of one of the officers that the information in an arrest warrant is not always precise. Given the totality of the circumstances and the fluid situation that the officers faced, the difference in height did not necessarily eliminate all reasonable suspicion that Gilliam was the individual named in the arrest warrant.
See Walker,
Gilliam’s further argument that his proximity to Simpson does not make the
Terry
stop reasonable is likewise without merit. Although an individual’s mere presence in a high crime area does not create reasonable suspicion that the individual is involved in criminal activity,
Hughes,
Following a valid
Terry
stop, the officer 'may conduct a limited pat-down
*848
search of the individual’s outer clothing for the purpose of uncovering concealed weapons if the officer has a reasonable, articula-ble suspicion that the person is armed and dangerous.
Terry,
The district court found that the officers properly conducted a Terry frisk of Gilliam because the circumstances of the encounter with Gilliam created a reasonable concern for officer safety. The district court noted that: (1) the officers were executing an arrest warrant for a person facing felony drug charges; (2) Gilliam was avoiding contact with the officers; (3) Gilliam was not heeding the officer’s commands to remain outside; and (4) Gilliam was wearing multiple layers of clothing and baggy pants that could conceal dangerous items. Although Gilliam argues that these circumstances do not establish a reasonable, articulable suspicion that he was armed and dangerous and that his attempt to go back into the house was a valid exercise of his right to go about his business and ignore the police, we conclude that, for the reasons stated above, this argument is without merit.
Gilliam further asserts that his baggy clothing could not create reasonable suspicion that he was armed and dangerous because that fact also applies to a large proportion of the black male population. We grant that Gilliam’s attire alone would not necessarily have created a reasonable suspicion that he was armed and dangerous.
See United States v. Green, 52
F.3d 194, 198 (8th Cir.1995) (investigatory stop not justified by fact that individual was traveling alone, carrying a small bag, wearing baggy clothing, and failed to make eye contact with officers). Nevertheless, when viewed in the light of the totality of the circumstances, the fact that Gilliam easily could have been concealing a weapon, combined with the fact that the officers reasonably suspected that he was the subject of an arrest warrant for trafficking a controlled substance,
see United States v. Robinson,
The judgment is affirmed.
Notes
. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri, adopting the report and recommendation of the Honorable Sarah W. Hays, United States Magistrate Judge.