Garner

MEMORANDUM **

Michael Garner appeals from the denial of his pretrial motion to suppress evidence on the basis of an illegal search. Garner contends that the police lacked reasonable suspicion to believe that he was armed and dangerous and were therefore unjustified in performing a frisk for weapons pursuant to Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). The district court concluded that the undisputed facts surrounding the frisk amounted to reasonable suspicion and denied the motion to suppress. We affirm.

As with any Terry reasonable suspicion inquiry, we look to the “totality of the circumstances.” United States v. Arvizu, 534 U.S. 266, 274 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002). We agree with the district court that this case presents a number of factors that, taken together, would lead a reasonable officer to believe that Garner was armed and dangerous and that a limited Terry frisk was necessary to ensure the officer’s safety.

First, the frisk occurred in the early morning hours in a high-crime area. See Adams v. Williams, 407 U.S. 143, 147-48 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972). Garner was improperly operating an unregistered motorcycle and…