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U.S. v. BARNETT

No. 06-3215.

505 F.3d 637 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth BARNETT, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 2, 2007.

Attorney(s) appearing for the Case

Linda L. Mullen (argued), Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellant.

William R. Kelly (argued), Peoria, IL, for Defendant-Appellee.

Before BAUER, MANION, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

Kenneth Barnett successfully moved to exclude evidence of a handgun found on his person when he was frisked by police during a Terry stop. The district court granted his motion after determining that the police did not have a reasonable suspicion that Barnett might be armed during the stop — thus the frisk was not reasonable even though the stop itself was. We find that the police had...

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