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.

111372P.pdf   03/22/2012  United States  v.  Luis Aquino
   U.S. Court of Appeals Case No:  11-1372
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Beam,
   Circuit Judge]
   Criminal case - criminal law. Officer's act of immediately searching
   defendant's body under his clothing, rather than conducting a pat down,
   exceeded the permissible scope of a Terry search; as a result, the officer's
   conduct in handcuffing defendant and searching under his clothing must
   be analyzed as an arrest to determine whether the officer had probable
   cause; here, the officer did not have probable cause before performing a
   non-consensual search, and the district court did not err in suppressing the
   evidence seized during the search.