Argued October 29, 2015.
Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. (3:14-cr-00028-GMG-RWT-1). Gina M. Groh, Chief District Judge.
Nicholas Joseph Compton, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Martinsburg, West Virginia, for Appellant.
Jarod James Douglas, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.
Kristen M. Leddy, Research and Writing Specialist, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Martinsburg, West Virginia, for Appellant.
William J. Ihlenfeld, II, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.
Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Judge Harris wrote the opinion, in which Senior Judge Davis joined. Judge Niemeyer wrote a dissenting opinion.
PAMELA HARRIS, Circuit Judge:
On an afternoon in 2014, the Ranson, West Virginia police department received an anonymous tip that a black man had loaded a gun in a 7-Eleven parking lot and then concealed it in his pocket before leaving in a car. A few minutes later, the police stopped a car matching the description they had been given, citing a traffic violation. Shaquille Montel Robinson, a black man, was a passenger in the car. After Robinson exited the vehicle at police request, an officer frisked Robinson and discovered a firearm in the pocket of Robinson's pants.
"> Under Terry v. Ohio,392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the police may conduct a limited pat-down for weapons when there is reasonable suspicion that a suspect is both armed and dangerous. " Armed" is not a problem in this case: Assuming the ...