CA10: Def consented to a car search, and he took up offer to sit in patrol car; that with passenger’s suspicious conduct and high crime area justified frisk finding gun

Defendant consented to a search of his car during a traffic stop, and defendant took a deputy up on an offer to sit inside the patrol vehicle during the search. That led to a frisk because the officer would have his back on him, and a gun was found on defendant when officers frisked him. The officers’ concerns for their own safety gave them reasonable suspicion to frisk defendant since the deputy had to turn his back on defendant and the passenger to search the car. The presence of the backup officer did not entirely abate the danger that defendant posed to the officers, and additional circumstances existed that justified reasonable suspicion, including the passenger’s arrest warrants and suspicious behavior, and the high-crime area. United States v. Fager, 2016 U.S. App. LEXIS 995 (10th Cir. Jan. 21, 2016).