View Full Version : Gun turned up after hands went up and pants fell down

09-15-2010, 03:22 PM
When are criminals going to figure out that wear pants around your knees isn't such a good idea

White Castle, weed and baggy pants. It has all the elements of a comedy, but throw in a concealed handgun, a suspected drug deal and a wardrobe malfunction, and it's a Minnesota Court of Appeals case that even compelled a judge to quote an "American Idol" audition.

St. Paul police officer Kara Breci and her partner spotted a possible drug deal in a car at a White Castle parking lot in November 2008. They ordered the men out of their vehicle and told them to put their hands in the air. That's when suspect Frank Irving Wiggins' baggy pants, already dangerously low at the knees, fell to the pavement.
Breci hoisted the jeans and found a .38-caliber pistol inside the front pocket. Wiggins was eventually convicted of possession of a firearm by an ineligible person and sentenced to five years in prison. He challenged the legality of the pants-hoisting, with the case ultimately landing at the state Court of Appeals.

"This case requires us to determine the constitutionality of a novel police procedure which, as far as we can tell, has never been reviewed on appeal by this court or any other," wrote Judge Kevin G. Ross in an opinion filed Tuesday.

Breci and her partner encountered Wiggins and another man in a car in a high drug-activity area. A third man popped into the backseat. His hands were suspiciously slider-free.

"No one in the car appeared to be eating," Ross wrote.
The officers approached, and the backseat passenger ad
mitted that a plastic bag contained marijuana. That's when the men were ordered out, and the pants fell.

Whole story here (http://www.startribune.com/local/stpaul/102920484.html)

09-15-2010, 03:32 PM

09-15-2010, 04:50 PM