A patron in a laundromat calls the police and says she found a loaded handgun magazine in a laundry basket. When police arrived, she informed them that at the time there were only two other men in the laundromat at the time she found the magazine and they were dressed in black and she pointed them out to police. Upon approaching one of the men, Sykes, turned and went into a restroom. When he opened the door, an officer grabbed his sleeve and pulled him out of the restroom immediately patted him down and found a handgun in Sykes’ pants pocket. Sykes, a convicted felon, argued the officer did not have the reasonable suspicion necessary to do a pat down frisk. The court disagreed. Since concealed weapons permit is only an affirmative defense under Iowa law, an officer in Iowa can detain someone he reasonably suspects is carrying a concealed weapon. Furthermore, under the 8th Circuit precedent established in United States v. Pope, 910 F.3d 413 (8th Cir. 2018), the court held that an officer may lawfully frisk someone he has lawfully stopped if he reasonably believes the person is armed with a concealed gun, regardless of whether the person possess the gun legally.
- Post published:May 8, 2019