OK to Pat Down Suspected Burglar

U.S. v. Luginbyhl, 2009 WL 1014853 (4/16/09) (unpub'd) - The officer had a reasonable suspicion the defendant was armed and needed to be patted down because: (1) the defendant was a suspected burglar and burglars often are armed and (2) the officer reasonably misunderstood the dispatcher to indicate the defendant was going to get a gun [it was actually the caller who said she might get a gun]. Judge Hartz concurred in the result but refused to join in the entire opinion because he did not agree with the reliance on the officer's misunderstanding.