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Name: U.S. v. Orman
Case #: 06-10398
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/22/2007
Summary

With a consensual encounter, a probable cause predicate for the initial contact is not needed to undertake a weapon’s patdown when reasonable suspicion exists that a person is armed. (U.S. v. Flippin (9th Cir. 1991) 942 F.2d 163.) An employee of a utility company informed personnel at a shopping mall that he observed a man put a handgun in his boot and enter the mall. Security personnel with the mall contacted Orman, who matched the description of the man, and asked him if he had a gun. Appellant admitted that he did and pointed to his waistband and the security person retrieved a 9mm. Glock handgun. There was no Fourth Amendment violation because the security person had a reasonable suspicion that Orman was carrying a gun which is all that is required for a protective search. (Terry v. Ohio (1968) 392 U.S. 1.)