United States v. Fager

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Defendant Brian Fager appealed the denial of his Motion to Suppress a firearm police officers discovered on his person during a roadside frisk. A Topeka Police Department deputy stopped defendant's car for a turn signal violation near an apartment complex in a high-crime area of Topeka. The deputy noticed defendant’s eyes were watery, his speech was soft, and an unopened beer can sat in the center console of the vehicle (signs that indicated defendant may have been impaired). Furthermore, defendant's passenger continually leaned forward in a way that made the deputy think the passenger was trying to obstruct his view of defendant, an action which the deputy found suspicious. Although the deputy discovered Defendant had at least one prior DUI, he determined defendant was not then impaired. The deputy asked for and received permission to search defendant's car. Prior to the search, the deputy conducted a pat-down search of defendant, when he discovered defendant was carrying a firearm. Defendant would ultimately be indicted as a felon in possession of a firearm, and he moved to suppress evidence of the firearm arguing the pat-down search was unlawful. The issue this case presented for the Tenth Circuit's review was whether the officers’ concerns for their own safety gave them the requisite reasonable suspicion to frisk Defendant. The Court held that these concerns sufficiently justified the frisk under the totality of the circumstances and affirmed. View "United States v. Fager" on Justia Law