United States v. Ford

Ford and Hoefle were passengers in a car driven by Mincks when the car was stopped in Moline, Illinois for a traffic violation, around 2:00 a.m. Officers noticed open beer bottles and asked the men to exit the car. While frisking Ford they found a loaded pistol. Ford was arrested. Ford argued that the pat‐down exceeded the scope of a protective frisk for weapons. The government countered that the officers had reasonable suspicion to believe that the men were armed and planned to avenge a shooting that had wounded Hoefle days earlier. The men had previously stated to investigators that they would deal with the shooting themselves. The government also contended that the officer who conducted the frisk had kept his hands outside of Ford’s clothing until encountering a heavy object weighing down his jacket. The Seventh CIrcuit affirmed denial of a motion to suppress. There was reasonable suspicion to frisk Ford under these circumstances. The officers had been warned via e‐mail that Ford and his companions might seek to retaliate for the shooting; the men likely had been drinking, as evidenced by the beer bottles, and their alcohol use gave the police greater reason to worry that one of them “might do something unpredictable, unwise, and dangerous.” View "United States v. Ford" on Justia Law