UNITED STATES OF AMERICA v. ZACHARY M. FOSTER
US Court of Appeals for the Fourth Circuit, Diaz, May 24, 2016,
Terry – Where defendant reached for his pocket after being asked if he had a weapon, reasonable to stop and frisk where there was a recent 911 call reporting a discharge of firearms in a high-crime area, defendant was the only one seen there, and defendant avoided eye-contact with the officers.

(Concur – Wilkinson – Terry‘s a pretty awesome case and I just want to talk about it a bit.)

Factors considered by the Court:
(1) The 911 call that reported a gunshot;
(2) Shortly after the officers were dispatched, Foster was the only person they encountered in the area in which the gunshot was reported;
(3) The stop occurred late at night in a part of the city described as a “high crime” area;
(4) Foster did not respond to the officers’ questions and avoided eye contact; and
(5) Foster reached for his right pocket after being asked if he was carrying a weapon.