United States of America v. Eric Gray

LOKEN, Circuit Judge.

After the district court denied his motion to suppress, a jury convicted Eric Gray of being a felon in possession of a firearm in violation of. 18 U.S.C. § 922(g)(1). Gray appeals, arguing the firearm was discovered during an unconstitutional search and seizure. Concluding the 'police lacked reasonable suspicion that criminal activity .was afoot when they frisked Gray during a consensual stop, we reverse.

At approximately 9:45 PM on January 8, 1998, St. Louis Police Officers David Ellison and Lawrence Little were patrolling St. Louis’s Eighth District, driving east along…