United States v. Osbourne

HOWARD, Circuit Judge.

Defendant-appellant William Michael Osbourne appeals the partial denial of his pretrial suppression motion, arguing that a statement made by the district court in the course of its extemporaneous oral ruling evinced both a misunderstanding and material misapplication of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Specifically, Osbourne contends that the court upheld a second pat-frisk of his person — one that led to his arrest for unlawful firearm possession — only after mistakenly concluding that, once there were legitimate grounds to pat-frisk him,…