DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212111P.pdf 08/03/2022 United States v. Randy Dabney
U.S. Court of Appeals Case No: 21-2111
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Kobes, Author, with Colloton and Grasz, Circuit Judges]
Criminal case - Criminal law and Sentencing. The police had reasonable
suspicion to search defendant's truck for weapons based on the facts
observed by the officer and defendant's known criminal history; a Terry
frisk of a car is permissible even when the suspect is outside the car;
the scope of the frisk was lawful as the hole in the door panel was large
enough to hold a gun and could be searched; use of a flashlight to see
inside the door panel was permissible in the search for a possible weapon;
the district court did not abuse its discretion by denying defendant
permission to file an untimely second suppression motion; in any event,
the government dropped the counts that were covered by the proposed
motion, and the evidence had no effect on defendant's sentencing;
defendant's guilty plea included an appeal waiver covering sentencing
issues, and the court dismisses his sentencing claim.