Suspicion of gang membership may support reasonableness of pat down search during investigative detention
SEARCH & SEIZURE United States v. Garcia, No. 05-4031, ___ F.3d ___ (10th Cir. Aug. 25, 2006)(Utah). Appeal of district court’s denial of defendant’s motion to suppress drug evidence. HELD: District court did not err by denying defendant’s motion to suppress drug evidence found during investigative detention of occupants of home. It was reasonable for police officers to believe that persons in front room of home, who were all apparently connected to drug transactions involving known or suspected gang members, all had some degree of gang connection. Although not necessarily determinative by itself, gang connection supports reasonableness of weapons frisk of all present. Read the opinion here. |
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