Computer check describing detained motorist as armed and dangerous is sufficient to justify pat-down search during traffic stop

SEARCH & SEIZURE United States v. Rice, No. 06-5138, ___ F.3d ___ (10th Cir. Apr. 23, 2007)(N.D. Oklahoma). Government appeal of district court’s order suppressing firearm evidence found on defendant as result of pat-down search conducted during routine traffic stop for unilluminated rear tag. HELD: District court erred by granting defendant’s motion to suppress evidence found by police as result of pat-down search conducted during traffic stop. Contrary to district court’s conclusion, officer was justified in conducting pat-down search of defendant during traffic stop because under totality of circumstances, reasonably prudent man in officer’s position would be warranted in belief his safety or that of others was in danger. Specific circumstances justifying pat-down in this case include: (1) defendant was one of three people in car driving in high crime area of city at 2:30 on a Tuesday morning, a time when there were no other cars or people around; (2) defendant’s car proceeded along two residential blocks, slowing intermittently in manner that consistent with preparation for burglary or drive-by shooting; (3) car did not have tag light, which in observing officers’ experience could indicate a desire to avoid identification; (4) passenger in the backseat had given officer what he, based on his experience, believed were false names intended to conceal her true identity; (5) computer check officer ran confirmed his suspicions about back seat passenger when search revealed no information on names she provided; (6) computer check identified defendant as “known to be armed and dangerous”; (7) defendant had lengthy and violent criminal record; and (8) defendant immediately assumed position for weapons search upon exiting car. Read the opinion here.