A 911 call that defendant was potentially armed with a shotgun coming into a Walmart in Sparks NV, 5½ months after the El Paso Walmart shooting that killed 23 and injured 23 led to defendant’s stop and frisk. This was reasonable. United States v. Mosley, 2020 U.S. Dist. LEXIS 214803 (D. Nev. Nov. 16, 2020):
On January 29, 2020, Mosley was shopping at a Walmart with his family. ECF No. 37 at 1. Before Mosley walked into the Walmart, an individual called 911 because he observed Mosley wearing a bandolier across his chest, which appeared to hold shotgun shells. Id. at 2. Officers from Sparks Police Department arrived on the scene and met with Walmart security personnel. Id. Together, they tracked Mosley’s movements throughout the Walmart via surveillance cameras. Id.
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Accordingly, because officers were responding to a 911 call of Mosley walking into a Walmart potentially armed, and at least one officer saw the outline of a shotgun on Mosley’s back, under the totality of the circumstances, the officers had reasonable suspicion to perform a Terry stop and pat down.