State v. Bannon

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The Supreme Court reversed the court of appeals’ reversal of the judgment of the district court rejecting Defendant’s motion to suppress a gun found on his person during a police patdown, holding that the court of appeals applied the incorrect test to evaluate the reasonable suspicion supporting the frisk of Defendant under Terry v. Ohio, 392 U.S. 1 (1968).Defendant was charged with criminal carrying of a firearm in the lobby of apartments on the campus of Wichita State University. The trial judge denied the motion to suppress, concluding that the patdown was within the scope of Terry because the officers had reasonable suspicion that Defendant was carrying a gun and thus were entitled to search him to ensure officer safety. The court of appeals reversed, concluding that there was no evidence the officers were actually, subjectively concerned for their safety or the safety of others. The Supreme Court reversed, holding that the court of appeals applied the incorrect test to evaluate reasonable suspicion supporting the Terry frisk of Defendant. The court remanded the case for reconsideration under the correct legal standard. View "State v. Bannon" on Justia Law