Filed: Dec. 02, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-11439 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HENRY VINZIEL INGRAM, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:98-CR-235-ALL-H - - - - - - - - - - December 1, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Henry Vinziel Ingram argues that the district court erred by denying his motion to suppress
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-11439 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HENRY VINZIEL INGRAM, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:98-CR-235-ALL-H - - - - - - - - - - December 1, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Henry Vinziel Ingram argues that the district court erred by denying his motion to suppress b..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-11439
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HENRY VINZIEL INGRAM,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:98-CR-235-ALL-H
- - - - - - - - - -
December 1, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Henry Vinziel Ingram argues that the district court erred by
denying his motion to suppress because the facts presented at the
suppression hearing show that the police officer’s pat-down
search of Ingram was not reasonably justified. In the context of
the denial of a motion to suppress, we view the evidence in the
light most favorable to the prevailing party which, in this case,
is the Government. See United States v. Michelletti,
13 F.3d
838, 841 (5th Cir. 1994)(en banc). The ultimate conclusion
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-11439
-2-
whether an investigatory stop and frisk is reasonable is a
conclusion of law that is reviewed de novo. See
id.
Ingram concedes that he was lawfully detained by the police
officer. Once an individual has been lawfully detained, the
police may perform a limited protective search for concealed
weapons if they justifiably believe the individual is armed and
presently dangerous. See United States v. Rideau,
969 F.2d 1572,
1574 (5th Cir. 1992)(en banc). The facts in this case support
the district court’s finding that the police officer’s search of
Ingram was reasonable. See
Michelletti, 13 F.3d at 841 (district
court’s denial of a motion to suppress should be upheld “‘if
there is any reasonable view of the evidence to support it.’”)
(citations omitted).
AFFIRMED.