United States v. Djuane L. McPhaul

WILLIAMS, Circuit Judge.

Djuane McPhaul already had a violent felony conviction on his record when he was caught driving with a loaded gun in the car, while wearing body armor. He was charged with being a felon in possession of a gun, and with being a violent felon in possession of body armor. A jury convicted him on the body armor charge but acquitted him on the gun charge. On appeal, he argues that the body armor should have been suppressed because it was discovered through an unconstitutional search. We disagree. The pat-down that revealed the body armor was lawful because officers had…