Pugh

MEMORANDUM *

Yakoda Pugh appeals the district court’s denial of his motion to suppress evidence and statements. Las Vegas police officers conducted a “knock and talk” at an apartment, investigating a report of possession of stolen animals and a firearm. The resident let the officers in, and they discovered that his gun was stolen. Approximately one hour -after the officers arrested the resident for possession of a stolen firearm, Pugh opened the apartment door, surprised to find the uniformed officers in the apartment. The officers testified that Pugh began to reach toward his waist, as if to pull a weapon. One officer then pulled him into the apartment and searched him, finding a gun. Pugh moved to suppress the gun and subsequent statements, arguing that he was pulled into the apartment (and therefore seized) before saying he had a weapon and without reaching for his waist.

Under Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), in determining whether the officers had a basis for initiating a frisk, there are two inquiries to be made: (1) whether the officer was rightfully in the presence of the party *880 frisked so as to be endangered if that person was…