10-2904 U.S. v. Richmond

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Search and Seizure
Pat-down searches; reasonable suspicion

Where a suspect had a bulge above his waistband consistent with a revolver handle, the officer has reasonable suspicion to conduct a pat-down search.

“Officer Linthicum observed a conspicuous bulge above Richmond’s waistband that was consistent with a revolver handle; both the shape and location of the bulge contributed to Officer Linthicum’s concern that Richmond was armed. The disappearance of that bulge when the newspaper boxes obstructed Officer Linthicum’s line of sight further suggested that he or a bystander could be endangered by a weapon that had been better hidden or even made ready. The ‘no record on file’ report generated by the pseudonym indicated that Richmond might have been trying to hide information. See United States v. Sholola, 124 F.3d 803, 812-14 (7th Cir. 1997) (a ‘no record on file’ report, while not conclusively incriminating, could contribute to an officer’s reasonable suspicions). In such a circumstance, an officer might naturally be apprehensive of the potential for dangerous reaction to confrontation—especially if he already suspects the individual might be armed.”

Affirmed.

10-2904 U.S. v. Richmond

Appeal from the United States District Court for the Central District of Illinois, Mihm, J., Kanne, J.

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