N.D.Ga.: Court assumes exclusionary rule applies to 404(b) evidence and finds 2003 search valid for trial in 2018; frisk of fannypack valid

Defendant moved to suppress 404(b) evidence of a 2003 stop and search that the government will offer into evidence in his current indictment involving allegations from 2014 going to trial shortly. The stop was on video, and the officer’s testimony is credited that the stop was justified. On the video defendant admits to having a knife in a fannypack, and the officer lawfully conducted a Terry pat frisk of the fannypack. Later consent to search his vehicle was voluntary. United States v. Warnock, 2018 U.S. Dist. LEXIS 174976 (N.D Ga. Oct. 11, 2018). (See Treatise § 9.02, exclusionary rule and 404(b) evidence.)