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.
102533P.pdf 07/14/2011 United States v. Nathaniel J. Smith
U.S. Court of Appeals Case No: 10-2533
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Loken, Author, with Melloy and Shepherd, Circuit Judges]
Criminal case - Criminal law and sentencing. Having acquired
reasonable, articulable suspicion that defendant was in possession of drugs
and a gun, the officer was permitted to diligently pursue the investigation
to determine whether there were grounds to detain defendant, and her
actions in asking defendant to consent to a search were reasonable; when
defendant refused, the officer could briefly detain defendant to permit a
drug dog sniff; officer safety concerns justified handcuffing defendant and
placing him a police cruiser after he became agitated; no error in
sentencing defendant as an armed career criminal based on his Minnesota
conviction for third-degree attempted burglary.