United States v. Holmes, Anthony

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

Anthony Holmes appeals from the district court’s denial of his motion to suppress evidence seized during a pat-down frisk and a subsequent search incident to arrest. During the pat-down frisk an officer felt a hard, square object in Holmes’ jacket pocket. Holmes identified the object as a scale, which it turned out to be when the officer removed it. When the officer proceeded with the frisk, Holmes assaulted him. Once Holmes had been subdued, the police searched him and found cocaine on his person. They also found a…