151827P.pdf   07/27/2016  United States  v.  Mario Evans
   U.S. Court of Appeals Case No:  15-1827
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Loken, Author, with Gruender and Kelly, Circuit Judges] 
   Criminal case - Criminal law. A police officer had reasonable suspicion 
   that criminal activity was afoot when he pulled behind a car parked in an 
   abandoned car wash to investigate what the occupants were doing in the 
   high crime area at that time of night; when the officer saw defendant, a 
   known felon, standing next to another car in a car wash bay, the officer 
   reasonably feared for his safety and had grounds to enter the car wash bay 
   to see if anyone else was present and was justified in shining his light 
   into the car parked in the bay; marijuana and a firearm in plain view in 
   the car could be lawfully seized; defendant's claim the magistrate judge 
   should have recused herself because of her prior employment as an 
   Assistant U.S. Attorney was not preserved for review as it was not 
   appealed to the district court; an AUSA without any involvement in the 
   case brought by other attorneys in her former office is not required to 
   recuse; defendant presented no evidence that the absence of 
   African-American jurors was due the systematic exclusion of the group in 
   the jury selection process and his claim that he was denied his Sixth 
   Amendment because of the all-white jury is rejected.