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Defendant appealed the denial of his motion to suppress evidence, arguing that officers lacked reasonable suspicion to conduct a stop and frisk. A salvage lot owner called police about a suspicious person on the property. An officer responded and found defendant on the property. Defendant told the officer that he was waiting for the lot to open because he believed his stolen car was there. The officer concluded that defendant was lying when he admitted he had not reported his vehicle stolen. Defendant attempted to flee when the officer tried to frisk him. The officer conducted a search incident to arrest and found a sawed-off shotgun and ammunition.
Where defendant’s clothing matched the police report and he was the only individual present on the property, and defendant gave odd or inconsistent explanations for his presence, the officer had reasonable suspicion to conduct a stop and could frisk defendant after he began acting suspiciously and reached for objects in his pockets.
Judgment is affirmed.
U.S. v. Stokes (MLW No. 79596/Case No. 22-2110 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Western District of Missouri, Phillips, J. (Stephen C. Moss, AFPD, of Kansas City, MO for appellant) (Nicholas Heberle, AUSA, of Kansas City, MO for appellee)
