CA6: Def fit description of wanted bank robber and made furtive movement leading to frisk

After a bank robbery with shots fired, officers had a line on a suspect. With the picture from the surveillance video, they went to an apartment complex and encountered a man outside who fit the description of the robber including an earring. The suspect refused commands to put his hands up and made a motion toward his waist. The officers were justified in a frisk. It turned out that the defendant was not the wanted man, but he was a felon in possession. His frisk was valid and with reasonable suspicion. United States v. Goyer, 2014 U.S. App. LEXIS 10805, 2014 FED App. 0406N (6th Cir. June 6, 2014).

Orlando police were authorized to detain plaintiffs after a call from mall security of an armed man in battle dress escalated from an open carry dispute to an exchange of words. “In light of Hesselink’s 911 call reporting two ‘signal zeros’ in the mall, one of whom was openly carrying a firearm and wearing a battle dress uniform, the police officers had an objectively reasonable basis for concluding that they were facing a potentially life-threatening emergency, which justified the brief detention of Sykes and his companions until the officers could investigate the situation and allay any fears of a possible threat.” Bartley v. Kim’s Enter. of Orlando, 2014 U.S. App. LEXIS 10820 (11th Cir. June 11, 2014).*

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