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                        as a courtesy to the reader. They are not part of the opinion of the court.

181752P.pdf   12/06/2018  United States  v.  Darnell Polite
   U.S. Court of Appeals Case No:  18-1752
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Erickson, Author, with Beam and Grasz, Circuit Judges] 
   Criminal Case - suppression. The arresting officer had reasonable 
   suspicion to conduct a Terry-stop, after observing defendant loitering 
   with known gang members, kneeling in front of a parked car and standing up 
   a second later after police's emergency lights were lit. In determining 
   the existence of reasonable suspicion, the officer's testimony about 
   hearing firearms hit the ground are disregarded as incredible, as is the 
   officer's statement that he knew the defendant. The officer had probable 
   cause to arrest Polite for illegally possessing a firearm because could 
   reasonably believe Polite looked under the age of 21 and the gun had been 
   concealed prior to him discarding the gun. Setting aside the clearly 
   incredible and implausible aspects of the officer's testimony, there 
   remains sufficient evident to support the Terry stop and the arrest. -