124043P.pdf   09/10/2013  United States  v.  Shawn Morgan
   U.S. Court of Appeals Case No:  12-4043
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Gruender and Benton, Circuit Judges] 
   Criminal case - Criminal law. The district court erred in suppressing 
   physical evidence and defendant's post-Miranda warnings to officers as the 
   officers had reasonable suspicion to detain defendant under Terry and his 
   furtive gestures under his car seat as officers approached gave them 
   reason to believe there was a weapon in the car that he might access; the 
   officer's objectively reasonable concern for their safety justified an 
   immediate protective sweep under the driver's seat; officers were also 
   authorized to search a lockbox they found in the car as it was large 
   enough to conceal a weapon; officers did not exceed the valid limits of a 
   Terry stop when they removed defendant from his car and handcuffed him 
   while officers performed the protective search; defendant's arrest was not 
   unlawful, and the evidence seized during the encounter was admissible; 
   defendant's post-Miranda statements were admissible as he voluntarily and 
   knowingly waived his right to remain silent.