U.S. v. FAGER

No. 15-3104.

811 F.3d 381 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Ford FAGER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 21, 2016.


Attorney(s) appearing for the Case

Andrew J. McGowan , Assistant Federal Public Defender ( Melody Brannon , Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Topeka, KS, for Defendant-Appellant.

James A. Brown , Assistant United States Attorney ( Barry R. Grissom , United States Attorney, with him on the brief), Office of the United States Attorney, Topeka, KS, for Plaintiff-Appellee.

Before HOLMES, BALDOCK, and MATHESON, Circuit Judges.


Defendant Brian Ford Fager appeals the denial of his Motion to Suppress a firearm police officers discovered on his person during a roadside frisk. We must decide whether the officers' concerns for their own safety gave them the requisite reasonable suspicion to frisk Defendant. We hold that these concerns sufficiently justified...

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