W.D.Ky.: Frisk was without RS, but computer check showed outstanding arrest warrant, so inevitable discovery applies

“In sum, at the time Browning decided to conduct a Terry pat-down of James’ outer clothing, he was faced with a suspect that (1) was present in a high-crime area, (2) was, by his own admission, recently released from prison on narcotics charges, and (3) was wearing baggy clothing [indicative to the officer of hiding drugs or weapons]. These facts are similar to United States v. Noble, 762 F.3d 509 (6th Cir. 2014), where a divided panel of the court held that officers did not have reasonable suspicion to believe a suspect was armed and dangerous.” However, the officer credibly testified he intended to run a computer check, likely justified alone by the fact defendant had an Indiana DL but in a borrowed car with Kentucky plates, and, when he finally did it after the frisk, an outstanding warrant from Chicago came up. Thus, inevitable discovery applies. United States v. James, 2017 U.S. Dist. LEXIS 832 (W.D. Ky. Jan. 3, 2017).

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