CA8: Apparent purchase on the street justified patdown

Defendant and companion observed buying drugs from someone on the street in a car and getting back to their car was reasonable suspicion. “There was ‘more’ here [than in Ybarra], however, for the officer had been told that two men were buying drugs, and he saw Tucker’s companion reach inside White’s vehicle, in which the officer had seen marijuana. The totality of the circumstances thus justified the stop, and the knowledge that White’s associates were often armed augmented the reasonable suspicion that supported the pat-down search.” United States v. Tucker, 19-2694 (8th Cir. Aug. 10, 2020).*

Plaintiff can file a § 1983 case alleging a Fourth Amendment violation but it has to be stayed pending a state criminal case to see if the Heck bar applies. Wallace v. Kato, 549 U.S. 384, 393-94 (2007). If it does, then it would be dismissed. Andre D. v. Faylor, 2020 U.S. Dist. LEXIS 141960 (C.D. Cal. Aug. 7, 2020).*