United States v. Travis Pope

OPINION

BEA, Circuit Judge:

Defendant-appellant Travis Pope appeals from the denial of his motion to suppress evidence of his possession of marijuana. Pope argues that an officer’s two separate commands directing him to empty his pockets each constituted illegal searches in violation of the Fourth Amendment to the United States Constitution. These arguments fail.

Because Pope did not comply with the officer’s first command, the command did not cause an intrusion upon Pope’s reasonable expectation of privacy in the contents of his pockets. Thus, it was not a search. The officer’s second command,…