US v Hammond 10th Cir. (15MAY2018)

US v Hammond 10th Cir. (15MAY2018)

Police officers in Aurora Colorado pulled over a car for having a burned out taillight. The defendant in this case was a passenger in the vehicle. The officers identified the passenger as someone who was affiliated with the gang and was wearing gang colors. The officers conducted a pat-down frisk and found a firearm on the defendant who was a convicted felon. The defendant sought to have the firearm excluded from evidence as the fruit of an illegal search under the Fourth Amendment. The 10th Circuit concluded that the officers had reasonable suspicion that the defendant was presently armed and dangerous because of his known gang affiliation and the fact that gang members are known to often carry weapons.

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