United States v. Calvin L. Flett, 806 F.2d 823 (8th Cir. 1986). · Go Syfert
United States v. Calvin L. Flett, 806 F.2d 823 (8th Cir. 1986). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …ignore information that implicates their safety ⚠ not in text
95 citation events (33 in the last 25 years) across 34 distinct courts.
Strongest positive: In re T.B. (ohioctapp, 2026-04-10)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
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Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In re T.B.
Ohio Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
we decline to adopt the 'automatic companion' rule.
discussed Cited as authority (verbatim quote) United States v. Garcia (2×) also: Cited "see"
10th Cir. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
the fact that the appellant made no threatening moves toward the officer or that the officer did not notice any bulge does not lessen the reasonableness of the officer's actions.
discussed Cited as authority (verbatim quote) Commonwealth v. Wing Ng
Mass. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
applying the totality of the circumstances analysis to the facts before us, the record supports the finding that the actions taken by deputy adams fall within the guidelines established by terry
discussed Cited as authority (rule) United States v. McGregor
10th Cir. · 2025 · confidence medium
See United States v. Engles, 779 F.3d 1161 , 1162 n.1 (10th Cir. 2015). 24 Appellate Case: 23-1399 Document: 56-1 Date Filed: 10/28/2025 Page: 25 presently dangerous “given his membership in a violent gang whose members often carry weapons”); United States v. Flett, 806 F.2d 823, 828 (8th Cir. 1986) (finding reasonable suspicion in support of a Terry frisk in part because the defendant was dressed in gang colors and his appearance matched that of a gang member); United States v. Miranda, 393 F. App’x 243, 246 (5th Cir. 2010) (per curiam) (concluding that an officer had reasonable suspici…
discussed Cited as authority (rule) In the Matter of the Welfare of: C.T.B
Minn. · 2025 · confidence medium
See United States v. Poms, 484 F.2d 919, 922 (4th Cir. 1973); United States v. Berryhill, 445 F.2d 1189, 1193 (9th Cir. 1971); United States v. Bell, 762 F.2d 495, 498 (6th Cir. 1985); United States v. Flett, 806 F.2d 823, 827 (8th Cir. 1986). 8 reasons, we conclude that the court of appeals erred in considering the fact that the firearm was unaccounted for as a part of the totality of the circumstances that justified C.T.B.’s pat-frisk. 5 We now turn to the remaining facts that the court of appeals and the district court relied upon.
examined Cited as authority (rule) State of Arizona v. Anthony Benard Primous (3×) also: Cited "see"
Ariz. · 2017 · confidence medium
The surrounding circumstances here do not sufficiently suggest that Primous was engaged in crime or that he was armed and dangerous to justify a pat-down for weapons. ¶ 16 The court of appeals justified the frisk largely on Primous’s fleeing companion, holding that “[c]ompanionship with a suspected criminal may, in view of the totality of the circumstances, justify a protective stop and frisk even absent a particularized reasonable suspicion that the person to be searched is committing or has committed a crime.” Primous, 239 Ariz. at 397 ¶ 13, 372 P.3d at 341 (citing Trice v. United St…
discussed Cited as authority (rule) State v. Flores (2×)
Wash. · 2016 · confidence medium
E.g., United States v. Flett, 806 F.2d 823, 827 (8th Cir. 1986) (applying Terry’s “totality of the circumstances analysis” to frisk of individual present at the scene of arrest (a private residence); rejecting a less protective standard as “in direct opposition to the Supreme Court’s directions in both Terry and Ybarra”); United States v. Bell, 762 F.2d 495, 499 (6th Cir. 1985) (holding Terry standard limited frisk of individual riding in car when officers arrested driver on felony warrant (quoting Ybarra, 444 U.S. at 92-93 )).
discussed Cited as authority (rule) State v. Flores (2×)
Wash. · 2016 · confidence medium
E.g., United States v. Flett, 806 F.2d 823, 827 (8th Cir. 1986) (applying Terry's "totality of the circumstances analysis" to frisk of individual present at the scene of arrest (a private residence); rejecting a less protective standard as "in direct opposition to the Supreme Court's directions in both Terry and Ybarra"); United States v. Bell, 762 F.2d 495, 499 (6th Cir. 1985) (holding Terry standard limited frisk of individual riding in car when officers arrested driver on felony warrant (quoting Ybarra, 444 U.S. at 92-93 )).
discussed Cited as authority (rule) State v. Primous
Ariz. Ct. App. · 2016 · confidence medium
See, e.g., Trice v. United States, 849 A.2d 1002, 1004, 1008-09 (D.C.App.2004) (upholding stop and frisk of person seen walking with stabbing suspect minutes after the crime); United States v. Flett, 806 F.2d 823, 827-28 (8th Cir.1986) (upholding stop and frisk of person wearing gang attire in home of known gang member charged with narcotic violation); see also 4 Search & Seizure § 9.6(a), Westlaw (database updated Oct. 2015) (“This raises the question of whether the frisk-of-eompanion rule should be viewed as only permitting a frisk when the companion himself could have been legitimately s…
discussed Cited as authority (rule) State v. Benton
Conn. · 2012 · confidence medium
See United States v. Michael R., 90 F.3d 340, 346 (9th Cir.1996) ("the fact that the young men had haircuts that were characteristic of gang members has evidentiary significance under the totality of circumstances analysis"); United States v. Flett, 806 F.2d 823, 828 (8th Cir.1986) (The Court of Appeals noted, in upholding the stop and frisk of an individual "dressed in attire similar to that of gang members and whose physical appearance matched that of known gang members," that "the factor of similarity of appearance taken alone could not justify a stop and frisk and should be viewed with cau…
discussed Cited as authority (rule) Lucero v. Bush
D.S.D. · 2010 · confidence medium
See Ybarra v. Illinois, 444 U.S. 85, 91 , 100 S.Ct. 338 , 62 L.Ed.2d 238 (1979) (“a person’s mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable cause to search that person.”); Clay, 640 F.2d 157, 160 (8th Cir.1981) (the officer “had no factual data about appellant that would have given rise to a probability of illegal activity.”); United States v. Flett, 806 F.2d 823, 827 (8th Cir.1986) (declining to adopt the “automatic companion” search rule) 8 ; United States v. Menard, 95 F.3d 9, 11 (8th Cir.1996) (“Although…
discussed Cited as authority (rule) Owens v. Commonwealth
Ky. · 2009 · confidence medium
Perry v. State, 927 P.2d 1158, 1163-64 (Wyo.1996) (citing Benyhill with approval and adopting automatic companion rule). 23 .See, e.g., United States v. Bell, 762 F.2d 495, 499 (6th Cir.1985) (rejecting adoption of automatic companion rule); Eldridge v. State, 848 P.2d 834, 837-38 (Alaska Ct.App.1993) (same); Commonwealth v. Ng, 420 Mass. 236 , 649 N.E.2d 157, 158 (1995) (same); State v. Eggersgluess, 483 N.W.2d 94, 98 (Minn.Ct.App.1992); United States v. Flett, 806 F.2d 823, 827 (8th Cir. 1986) (same).
discussed Cited as authority (rule) State v. Gay (2×)
N.D. · 2008 · confidence medium
A search, within the meaning of the Fourth Amendment, occurs when "the government intrudes upon an individual's reasonable expectation of privacy." State v. Dunn, 2002 ND 189, ¶ 4 , 653 N.W.2d 688 (citing State v. Winkler, 552 N.W.2d 347, 351 (N.D.1996)). [¶ 15] "There is no automatic search rule for companions of an arrestee." Heitzmann , at ¶ 11 (citing Wyoming v. Houghton, 526 U.S. 295, 303 , 119 S.Ct. 1297 , 143 L.Ed.2d 408 (1999); Ybarra v. Illinois, 444 U.S. 85, 92-96 , 100 S.Ct. 338 , 62 L.Ed.2d 238 (1979); United States v. Menard, 95 F.3d 9, 11 (8th Cir.1996); United States v. Flett…
discussed Cited as authority (rule) Owens v. Commonwealth
Ky. · 2008 · confidence medium
See, e.g., United States v. Bell, 762 F.2d 495, 499 (6th Cir.1985) (rejecting adoption of automatic companion rule); Eldridge v. State, 848 P.2d 834, 837-38 (Alaska Ct.App.1993) (same); Commonwealth v. Ng, 420 Mass. 236 , 649 N.E.2d 157, 158 (1995) (same); State v. Eggersgluess, 483 N.W.2d 94, 98 (Minn.Ct.App.1992); United States v. Flett, 806 F.2d 823, 827 (8th Cir.1986) (same).
discussed Cited as authority (rule) State v. Kyles (2×)
Wis. · 2004 · confidence medium
Fourth Amendment reasonableness does not require 'that a policeman must feel "scared" by the threat of danger.'"); United States v. Bonds, 829 F.2d 1072, 1074-75 (11th Cir. 1987) (follows Tharpe); United States v. Flett, 806 F.2d 823, 828 (8th Cir. 1986) (fact that suspect made no threatening moves or that officer did not notice bulge does not lessen reasonableness of officer's actions); United States v. Bell, 762 F.2d 495 , 500 n.7 (6th Cir. 1985) (citing Tharpe for proposition that although officer did not view suspect as security risk, focus should be on whether officer reasonably perceived…
discussed Cited as authority (rule) State v. Heitzmann
N.D. · 2001 · confidence medium
See, e.g., Wyoming v. Houghton, 526 U.S. 295, 303 , 119 S.Ct. 1297 , 143 L.Ed.2d 408 (1999); Ybarra v. Illinois, 444 U.S. 85, 92-96 , 100 S.Ct. 338 , 62 L.Ed.2d 238 (1979); United States v. Menard, 95 F.3d 9, 11 (8th Cir.1996); United States v. Flett, 806 F.2d 823, 827 (8th Cir.1986); United States v. Bell, 762 F.2d 495, 498 (6th Cir.1985).
discussed Cited as authority (rule) Watts v. County of Sacramento
E.D. Cal. · 1999 · confidence medium
See Murdock v. Stout, 54 F.3d 1437, 1442 (9th Cir.1995) (reasoning that officers who encountered an uncooperative person while lawfully in a home “acted reasonably in briefly seizing [him] and conducting a pat down search to look for weapons”); United States v. Flett, 806 F.2d 823, 827-28 (8th Cir.1986) (concluding that it was reasonable for officers executing an arrest warrant to detain briefly and pat down a person found on the premises where the officers had reason to suspect he might be a gang member).
examined Cited as authority (rule) Perry v. State (4×) also: Cited "see, e.g."
Wyo. · 1996 · confidence medium
United States v. Flett, 806 F.2d 823, 826 (8th Cir.1986).
discussed Cited as authority (rule) United States v. Michael D. Menard (2×) also: Cited "see"
8th Cir. · 1996 · confidence medium
This is a fact-intensive case, and I write separately to emphasize that the opinion applies the analysis in United States v. Flett, 806 F.2d 823, 827 (8th Cir. 1986), and should not be read as a retreat from its holding rejecting the automatic companion rule and instead adopting a totality-of-the-circumstances analysis, in which companionship alone is not enough to justify a pat-down search, but companionship -5- is one circumstance to be considered in determining the overall reasonableness of the officer’s actions.
examined Cited as authority (rule) United States v. Michael D. Menard (4×) also: Cited "see"
8th Cir. · 1996 · confidence medium
This is a fact-intensive case, and I write separately to emphasize that the opinion applies the analysis in United States v. Flett, 806 F.2d 823, 827 (8th Cir.1986), and should not be read as a retreat from its holding rejecting the automatic companion rule and instead adopting a totality-of-the-circumstances analysis, in which companionship alone is not enough to justify a pat-down search, but companionship is one circumstance to be considered in determining the overall reasonableness of the officer's actions. 12 I also write separately to clarify that this case does not involve the subjectiv…
discussed Cited as authority (rule) United States v. Menard
N.D. Iowa · 1995 · confidence medium
Flett, 806 F.2d at 828 (test is whether a reasonably prudent person would be warranted in the belief that his safety was in danger, citing Terry, 392 U.S. at 27 , 88 S.Ct. at 1883 ); see also Whitfield, 907 F.2d at 799 .
discussed Cited as authority (rule) United States v. Meadows
D.D.C. · 1995 · confidence medium
It has been adopted in some jurisdictions, see id.; United States v. Simmons, 567 F.2d 314 (7th Cir. 1977); United States v. Poms, 484 F.2d 919, 922 (4th Cir.1973) (per curiam), and rejected in others, see United States v. Flett, 806 F.2d 823, 827 (8th Cir.1986); United States v. Bell, 762 F.2d 495, 498 (6th Cir.1985). 2 The courts rejecting the “automatic companion” frisk rule have considered the fact that a weapon was found on a companion to be but one factor in determining the reasonableness of a frisk.
discussed Cited as authority (rule) Commonwealth v. Wing Ng (2×) also: Cited "see, e.g."
Mass. App. Ct. · 1994 · confidence medium
For the retreat from Berryhill , see United States v. Bell, 762 F.2d 495, 498-499 (6th Cir. 1985); United States v. Flett, 806 F.2d 823, 826-829 (8th Cir. 1986); Eldridge v. Alaska, 848 P.2d 834, 837-838 (Alaska App. 1993). 7 Later decisions have begun to sketch in the something additional, beyond the Berryhill factors themselves, that is needed under the Terry doctrine to support an officer’s self-protective frisk of the companion in a situation of arrest for serious crime. 3.
discussed Cited as authority (rule) Eldridge v. State
Alaska Ct. App. · 1993 · confidence medium
LaFave, Search and Seizure § 9.4(a), at 511 n. 71 (2d ed. 1987). 5 .See, e.g., United States v. Flett, 806 F.2d 823, 826-29 (8th Cir.1986); United States v. Bell, 762 F.2d 495, 498-500 (6th Cir.1985); United States v. Tharpe, 536 F.2d 1098, 1100-01 (5th Cir.1976) (en banc), overruled on other grounds, United States v. Causey, 834 F.2d 1179 (5th Cir.1987); and United States v. Vigo, 487 F.2d 295, 298 (2d Cir.1973). 6 .
discussed Cited as authority (rule) United States v. Terry Wilson
8th Cir. · 1992 · confidence medium
In reviewing the law enforcement officials’ determination of probable cause, the court must look to the totality of the circumstances and “give due weight to the inferences that can be drawn from the officer’s general experience.” United States v. Flett, 806 F.2d 823, 827 (8th Cir.1986).
discussed Cited as authority (rule) United States v. Roland M. Silva (2×) also: Cited "see, e.g."
5th Cir. · 1992 · confidence medium
See, e.g., Chaidez, 919 F.2d at 1200 (Seventh Circuit) (companionship of suspect and drug dealer a factor in reasonable suspicion *161 analysis); Flett, 806 F.2d at 827 (Eighth Circuit) (companionship during arrest a factor); Bell, 762 F.2d at 499-502 (Sixth Circuit) (same).
cited Cited as authority (rule) United States v. Cheryl Lavonn Flippin
9th Cir. · 1991 · confidence medium
See United States v. Patterson, 885 F.2d 483, 484-85 (8th Cir.1989); United States v. Bonds, 829 F.2d 1072, 1074-75 (11th Cir.1987); United States v. Flett, 806 F.2d 823, 828 (8th Cir.1986). 5 .
cited Cited as authority (rule) United States v. Stephenson
8th Cir. · 1991 · confidence medium
United States v. Campbell, supra; United States v. Flett, 806 F.2d 823, 826 (8th Cir.1986).
discussed Cited as authority (rule) People v. Rahming
Colo. · 1990 · confidence medium
In United States v. Flett, 806 F.2d 823, 828 (8th Cir.1986), the court held that the pat-down search of the defendant was justified by the defendant’s presence in the home of a known gang member charged with a narcotic violation.
cited Cited as authority (rule) United States v. Steven W. Whitfield
8th Cir. · 1990 · confidence medium
Terry v. Ohio, 392 U.S. 1, 27, 30 , 88 S.Ct. 1868, 1883, 1884 , 20 L.Ed.2d 889, 909, 911 (1968); United States v. Flett, 806 F.2d 823, 826-27 (8th Cir.1986).
discussed Cited as authority (rule) United States v. $37,590.00
S.D.N.Y. · 1990 · confidence medium
United States v. Cole, 628 F.2d 897, 899 (5th Cir.1980), cert. den., 450 U.S. 1043 , 101 S.Ct. 1763 , 68 L.Ed.2d 241 (1981) (mere arrival and presence of someone at a site where a search warrant is about to be executed does not, in itself, raise reasonable suspicion justifying a pat-down search); United States v. Wheeler, 800 F.2d 100, 103 (7th Cir.1986) ("simply because someone is in the company of others who themselves are suspected of criminal activity does not alone give rise to a Terry stop and frisk justification"); United States v. Flett, 806 F.2d 823, 827 (8th Cir.1986) (companions of …
discussed Cited as authority (rule) United States v. Francis Abu Abokhai
8th Cir. · 1987 · confidence medium
The officer need not be absolutely certain that the individual is armed, rather the issue in determining the legitimacy of the search is “whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.” Terry, supra, 392 U.S. at 27 , 88 S.Ct. at 1883 ; United States v. Flett, 806 F.2d 823, 828 (8th Cir.1986).
cited Cited as authority (rule) United States v. Roberto Reiner Ramos, United States of America v. Elsa Caridao Gonzalez
8th Cir. · 1987 · confidence medium
Eisenberg, 807 F.2d at 1450 ; United States v. Flett, 806 F.2d 823, 826 (8th Cir. 1986).
cited Cited "see" State v. Eggersgluess
Minn. Ct. App. · 1992 · signal: see · confidence high
See United States v. Flett, 806 F.2d 823, 827 (8th Cir.1986).
discussed Cited "see" United States v. Derrick Lance Blackman (2×)
8th Cir. · 1990 · signal: see · confidence high
See United States v. Flett, 806 F.2d 823, 826 (8th Cir.1986) (district court’s findings of fact on motion to suppress evidence are reviewable under the clearly erroneous standard).
cited Cited "see" United States v. Derrick Lance Blackman
8th Cir. · 1990 · signal: see · confidence high
See United States v. Flett, 806 F.2d 823, 826 (8th Cir.1986) (district court’s findings of fact on motion to suppress reviewable under clearly erroneous standard).
discussed Cited "see, e.g." State of Arizona v. Lemon Montrea Johnson
Ariz. Ct. App. · 2009 · signal: see, e.g. · confidence medium
See, e.g., United States v. Flett, 806 F.2d 823, 828 (8th Cir. 1986) (search proper when appellant dressed like members of gang known for “violent propensities”); State v. Anderson, 119 P.3d 1171, 1180 (Kan.
discussed Cited "see, e.g." State v. Johnson
Ariz. Ct. App. · 2009 · signal: see, e.g. · confidence medium
See, e.g., United States v. Flett, 806 F.2d 823, 828 (8th Cir.1986) (search proper when appellant dressed like members of gang known for “violent propensities”); State v. Anderson, 34 Kan.App.2d 375 , 119 P.3d 1171, 1180 (2005) (pat-down search justified when officers suspected drug activity and knew passenger “was a gang member and might be carrying a gun”); State v. Jackson, 190 Or.
cited Cited "see, e.g." Commonwealth v. Dawud Rasheed Riggins
Va. Ct. App. · 2004 · signal: see, e.g. · confidence medium
See, e.g., United States v. Flett, 806 F.2d 823, 827 (8th Cir. 1986); United States v. Bell, 762 F.2d 495, 498 (6th Cir. 1985); 4 Wayne R.
discussed Cited "see, e.g." United States v. Bryan McKie
D.C. Cir. · 1991 · signal: see, e.g. · confidence medium
See, e.g., *402 United States v. Berryhill, 445 F.2d 1189, 1193 (9th Cir.1971) (“All companions of the arrestee within the immediate vicinity, capable of accomplishing a harmful assault on the officer, are constitutionally subjected to [a frisk].”)- But see, e.g., United States v. Flett, 806 F.2d 823, 827 (8th Cir.1986) (rejecting rule and requiring case-by-case analysis of particular circumstances).
discussed Cited "see, e.g." United States v. Jones
W.D. Pa. · 1987 · signal: compare · confidence low
Compare United States v. Flett, 806 F.2d 823 (8th Cir.1986) (upholding frisk of violent motorcycle gang member present in home of fellow gang member during arrest of home owner for narcotics violation).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Calvin L. FLETT, Appellant
86-5121.
Court of Appeals for the Eighth Circuit.
Dec 8, 1986.
806 F.2d 823
1986 U.S. App. LEXIS 34330
William L. Thomas, Lake City, Minn., for appellant., John M. Lee, Asst. U.S. Atty., Minneapolis, Minn., for appellee.
McMillian, Henley, Nichol.
Cited by 57 opinions  |  Published
NICHOL, Senior District Judge.

Appellant Calvin L. Flett pled guilty to a two-count indictment charging a violation of 18 U.S.C. App. section 1202(a)(1), possession of a firearm after having been convicted of a felony, and a violation of 18 U.S.C. section 922(g)(1), transportation of a firearm in interstate commerce after having been convicted of a felony. The plea was entered after the district court [1] denied the appellant’s motion to suppress and to dismiss the charges. [2] The appellant’s guilty plea was a conditional plea entered pursuant to Fed.R.Crim.P. 11(a)(2), [3] thus reserving the right of the appellant to appeal the adverse determination of the pretrial suppression motion. The appellant now asserts that the district court erred in denying his motion to suppress the evidence seized during a pat-down search of the appellant. We affirm.

I. BACKGROUND

This case involves the events surrounding the execution of an arrest warrant that had been issued for a man by the name of Steven Jacobson. Jacobson had been under investigation by the Minnesota Bureau of Criminal Apprehension (BCA) for possible narcotic violations. After the arrest warrant had been issued, three law enforcement officers, one BCA agent and two members of the local sheriff’s department, were assigned the execution of the warrant. The officers met prior to the execution of this warrant to discuss the procedure that was to be followed. During this meeting, the officers shared information among themselves concerning Jacobson and his involvement with a motorcycle gang calling themselves the Sons of Silence. The gang is a national organization and Jacobson was known as the “enforcer” of the local chapter. The two local officers, Deputy Adams and Deputy Holton, were personally acquainted with Jacobson, who owned a local bar where gang members often gathered. These officers were also familiar with the local chapter of the Sons of Silence and although personally unaware of any felonious behavior on the part of the members of the local chapter, had learned that in general the members of the Sons of Silence had access to and had used weapons in the past. Gang members were also known to have been charged with[*825] assault and resisting arrest in the past. Specific to the local chapter, Jacobson had been charged with the use of a firearm (shot a neighbor’s dog) and one gang member, Mr. Robert Mann, was currently under investigation for a homicide committed in another state. There is some confusion as to the exact source of this information among the officers. Some of the information was provided by the BCA and some had been gathered from police seminars. The officers did not establish the sources before acting on the information. Prior to leaving to execute the warrant, the officers determined that all males present at the arrest scene were to be subjected to a cursory pat-down search. [4]

The officers proceeded to the Jacobson home, a trailer home, arriving there shortly after 8:00 a.m. Outside the trailer, the officers observed Jacobson’s truck, a motorcycle, and an unfamiliar truck with Iowa license plates. As planned, Deputy Holton approached the door with the arrest warrant, BCA agent Comer went to the rear of the trailer and Deputy Adams stood some 15 feet behind Deputy Holton, armed with the squad shotgun. The officers could hear noises from within the trailer. After the second knock, Jacobson answered the door and was told by Deputy Holton that a warrant for his arrest had been issued. There is conflicting testimony on whether Jacobson offered to come outside to discuss the warrant or whether the officers demanded to be let in the residence, but Jacobson did allow Deputy Holton into his trailer home. There was no force used by the officers; Jacobson was not touched in any way and did not object to the entrance of the officers.

The appellant and his wife had arrived at the Jacobson home approximately 15 minutes before the officers. The appellant and his wife were friends of Jacobson and were there to visit and to look at antiques. The appellant, his wife, another woman and two small children were seated in the living room area of the trailer when the officers entered. Deputy Holton stayed with Jacobson and went into the dining room area while Deputy Adams entered and remained near the door. The appellant was seated with his back to the door although he did turn to look at Deputy Adams when he entered the trailer. Almost immediately upon entry Deputy Adams asked the appellant to stand and a pat-down search of the appellant was conducted by Deputy Adams.

Deputy Adams was not personally acquainted with the appellant. He testified that the appellant, from what he could observe, was not involved in any criminal activity. The appellant did not do anything unusual to arouse the suspicion of the officer. The appellant was dressed in similar attire to that of Jacobson, blue jeans and a T-shirt. The officer also testified that the appellant had long hair and a long beard which was again similar to that of Jacobson and other members of the Sons of Silence.

In conducting the search, the officer first felt a hard object in the appellant’s right front pants pocket and a buck knife with a four-inch blade was removed. The appellant was then told to stand with his hands against the wall and the pat-down was continued. Another hard object was felt in the appellant’s rear pocket from which the officer removed a derringer pistol containing live ammunition.

The appellant’s first contention is that the law enforcement officers involved in this incident illegally entered the Jacobson trailer and thus any evidence seized while there was in violation of his Fourth Amendment rights. Secondly, the appellant asserts that the pat-down search conducted by Deputy Adams was not based on probable cause and was not justified at its inception and thus was in violation of his Fourth Amendment rights.

II. DISCUSSION

In the context of a motion to suppress, the general rule of this circuit is that the[*826] district court’s determination will be affirmed unless it is clearly erroneous. United States v. Sadosky, 732 F.2d 1388, 1391 (8th Cir.), cert. denied, 469 U.S. 884, 105 S.Ct. 254, 83 L.Ed.2d 191 (1984); United States v. McGlynn, 671 F.2d 1140, 1143 (8th Cir.1982). Under this standard of review, a finding is clearly erroneous when the reviewing court, on the entire record, is left with the definite and firm conviction that a mistake has been committed. Anderson v. City of Beesmer City, 470 U.S. 564, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985), citing United States v. United States Gypsum Co., 333 U.S. 364, 68 S.Ct. 525, 92 L.Ed. 746 (1948). With this standard in mind, each of the appellant’s contentions shall be examined.

A. Consent of Entry

A search that is conducted pursuant to a valid consent is constitutionally permissible. Schneckloth v. Bustamonte, 412 U.S. 218, 222, 93 S.Ct. 2041, 2045, 36 L.Ed.2d 854 (1973). The validity and voluntary nature of the consent is to be determined from the totality of the circumstances. Id. at 227, 249, 93 S.Ct. at 2047-48, 2059. [5]

There is conflicting testimony as to whether Jacobson offered to come outside to discuss the warrant or whether or not he agreed to allow the officers to enter his home. Even with this conflict, it is clear that there is sufficient evidence in the record to support the district court’s factual determination that Jacobson consented to the entry. No physical force was applied to Jacobson prior to entry or during entry; in fact, Jacobson was not even touched. Jacobson himself testified that he did not refuse entry into his home. The district court’s finding that the entry was voluntary and lawful is not clearly erroneous. [6]

B. Pat-down Search of the Appellant

The appellant’s second contention is that the pat-down search conducted by Deputy Adams was in violation of his Fourth Amendment rights. He claims that the officer did not have probable cause nor did the officer base his suspicion of the appellant on any objective facts from which one could reasonably conclude that the appellant was involved in any criminal activity. The government’s assertion is that the search was a valid protective search under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

The government is correct in that, if this search is to be upheld, it must comply with the standards established by the Supreme Court in Terry v. Ohio. In Terry, the Court stated that:

in determining whether the seizure and search were “unreasonable” our inquiry is a dual one — whether the officer’s action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place.

Id. at 19, 88 S.Ct. at 1879.

The Court further noted that in order to justify the intrusion, “the police officer must be able to point to specific and articulable facts, which taken together with rational inferences from those facts, reasonably warrant that intrusion.” Id. at 21, 88 S.Ct. at 1880. Due to the unique nature of this type of search, each case is to be decided on its own facts. Id. at 30, 88 S.Ct. at 1884-85.

The Supreme Court has never directly addressed the applicability of the Terry exception to a search of the companion of an arrestee. In Ybarra v. Illinois, 444 U.S. 85, 100 S.Ct. 338, 62 L.Ed.2d 238 (1979), the Court refused to uphold the search of patron of a bar who happened to be present when the police arrived to con[*827] duct a search of the bar pursuant to a valid search warrant. The Court noted that a person’s mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable came to search that person. Id. at 91, 100 S.Ct. at 342 (emphasis added). The Court also refused to find that the search of the person was permissible as a protective search under Terry. The state was unable to articulate any specific facts that would justify the police officer at the scene suspecting that the patron was armed and dangerous. Id. at 93, 100 S.Ct. at 343. Lastly, the Court in Ybarra noted that:

[T]he “narrow scope” of the Terry exception does not permit a frisk for weapons on less than reasonable belief or suspicion directed at the person to be frisked, even though that person happens to be on the premises where an authorized narcotics search is taking place.

Id. at 94, 100 S.Ct. at 343.

Several circuits have addressed the question of a limited search of the companion of an arrestee. These circuits have upheld such a search finding that:

[A]ll companions of the arrestee within the immediate vicinity, capable of accomplishing a harmful assault on the officer, are constitutionally subjected to the cursory “pat-down” reasonably necessary to give assurance that they are unarmed.

United States v. Berryhill, 445 F.2d 1189, 1193 (9th Cir.1971). See also, United States v. Poms, 484 F.2d 919, 922 (4th Cir.1973) (per curiam); United States v. Simmons, 567 F.2d 314 (7th Cir.1977). [7]

The Sixth Circuit has explicitly rejected this “automatic companion” rule in United States v. Bell, 762 F.2d 495, 498 (6th Cir.1985). The court in Bell found that the “automatic companion” rule extended the Terry requirement of a reasonable suspicion too far. Id. at 499. This rule allows officers the freedom to conduct a cursory pat-down search regardless of the individual circumstances presented in each case. This appears to be in direct opposition to the Supreme Court’s directions in both Terry and Ybarra that the officers articulate specific facts justifying the suspicion that an individual is armed and dangerous. We decline to adopt the “automatic companion” rule.

Rather than adopt the “automatic companion” rule, the court in Bell examined the totality of the circumstances in an effort to determine whether the pat-down search of the companion of an arrestee was reasonable. United States v. Bell, 762 F.2d at 499. Following closely the dictates of Terry, the court looked to the specific articulable facts that were known to the officer at the time of the search as well as the reasonable inferences which could be drawn therefrom. Id. at 499, 502. Although the fact of companionship alone could not justify a frisk, the court noted that this fact certainly was one to be considered in determining the overall reasonableness of the officer’s actions. Id. at 500-01.

Applying this totality of the circumstances analysis to the facts before us, [8] the record supports the finding that the actions taken by Deputy Adams fall within the guidelines established in Terry. First, the officer knew that an arrest warrant had been issued for Jacobson following an investigation by the BCA. The charges involved narcotic violations. The officer had been involved in law enforcement for eighteen years and testified that situations involving narcotics are treated differently. This court must give due weight to the inferences that can be drawn from the officer’s general experience. Terry v. Ohio, [*828] 392 U.S. at 27, 88 S.Ct. at 1883; United States v. Bell, 762 F.2d at 500.

Second, the officer knew that the subject of the arrest warrant was a known member of a national motorcycle gang which had violent propensities, including charges of using firearms, assault and resisting arrest. In fact, Jacobson was known as the “enforcer” of the local chapter of this gang. Jacobson also had a previous charge filed against him involving the use of a firearm.

Third, the officer, upon arriving at the Jacobson residence, was confronted with an unfamiliar automobile with out-of-state license plates. Upon entering the residence, the officer saw the appellant who was dressed in attire similar to that of gang members and whose physical appearance matched that of known gang members (based on the officer’s own personal experience). Again, the factor of similarity of appearance taken alone could not justify a stop and frisk and should be viewed with caution. United States v. Bell, 762 F.2d at 501. However, the factor of similarity of appearance and attire taken together with the location of the appellant in the home of a known gang member charged with a narcotic violation support a reasonable inference that the appellant may be a gang member and may be armed and dangerous. The fact that the appellant made no threatening moves toward the officer or that the officer did not notice any bulge does not lessen the reasonableness of the officer’s actions. The focus of the judicial inquiry is not whether the officer had an indication that the person armed was dangerous, but rather, whether the officer reasonably perceived the subject of the frisk as potentially dangerous. United States v. Tharpe, 536 F.2d 1098, 1100-01 (5th Cir.1976) (upholding the search of the automobile companions following the arrest of the driver. The court held that “where there was a good reason for the officer to apprehend that he was in a position of danger from the companions of an arrestee, that officer’s pat-down search is compatible with Terry ”). The issue is “whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.” Terry v. Ohio, 392 U.S. at 27, 88 S.Ct. at 1883.

This court is not unmindful of its decision in United States v. Clay, 640 F.2d 157 (8th Cir.1981). Although not articulated as such, the court in Clay also applied a totality of the circumstances analysis before it arrived at the conclusion that the pat-down search in Clay was not justified. In Clay, the defendant arrived at the door of a residence that was being searched pursuant to a valid search warrant. The police officer who confronted the defendant at the door immediately asked the defendant to enter and upon entry subjected the defendant to a pat-down search. Id. at 158. This court noted that in order to justify the search, two inquiries had to be made:

whether the officer was rightfully in the presence of the party frisked so as to be endangered if that person was armed, and whether the officer had a sufficient degree of suspicion that the party to be frisked was armed and dangerous, (citations omitted).

Id. at 159. In Clay, the answers to these inquiries demonstrated that the search of the defendant was in fact unreasonable. Not so in the case at bar. Here Deputy Adams did not have the opportunity to exclude the appellant from the residence and thus avoid contact with him. Rather, the appellant was already present in the trailer and the officer had no choice but to be confronted with the appellant. Although the officers were present on the premises for the execution of an arrest warrant only, this court has already established that the entry into the home was consensual and thus the officer was rightfully in the presence of the appellant. In addition, all of the factors discussed above support the district court’s determination that the officer had a sufficient degree of suspicion that the appellant was armed and[*829] dangerous. [9] Thus, by answering the Clay inquiries under the facts of this case, the search was justified.

The officers articulated specific facts which along with the reasonable inferences drawn therefrom and the officer’s personal experience, support the district court’s findings. Having found that the district court’s findings are supported by the record, this court is not left with a definite and firm conviction that a mistake has been made and the order denying the motion to suppress is hereby affirmed.

1

. The Honorable Paul A. Magnuson, United States District Judge, District of Minnesota.

2

. A hearing on the motion to suppress was held before the Honorable Floyd E. Boline, United States Magistrate, District of Minnesota, who issued a report and recommendation complete with findings of fact and conclusions of law. Portions of this report and recommendation were objected to by the appellant; however, the district court, after conducting a de novo review of these portions, accepted the magistrate's report and recommendation and denied the appellant’s motion.

3

. Fed.R.Crim.P. 11(a)(2) provides: Conditional pleas. With the approval of the court and the consent of the government, a defendant may enter a conditional plea of guilty or nolo con-tendere, reserving in writing, on appeal from the judgment, to review of the adverse determination of any specific pretrial motion. If the defendant prevails on appeal, he shall be allowed to withdraw his plea.

4

. In fact, it was the policy of the sheriffs department to search all males present at an arrest scene such as this.

5

. The question of the voluntary nature of a consent is a question of fact again subjecting this court to the clearly erroneous standard of review. United States v. Allison, 619 F.2d 1254, 1262 (8th Cir.1980).

6

. Since we have found that the entry was consensual, the question of the appellant’s standing to challenge the constitutionality of search need not be addressed.

7

. This court did cite to United States v. Berryhill in United States v. Clark, 754 F.2d 789 (8th Cir.1985). The court in Clark upheld the search of a companion in an automobile based on a finding of probable cause. The reference to the Berryhill decision was not related to the holding of the Clark case and does not represent this court’s adoption of the Berryhill “automatic companion” rule.

8

. The magistrate did in fact apply this same totality of the circumstances test in his report and recommendation.

9

. It should be noted that this court in no way condones the policy of the sheriffs officer which provides that all males present at arrests such as these are to be subjected to a cursory pat-down search. However, the evidence in this case demonstrates an informed decision to search made on the basis of the information known to the officers as well as the experience of the officer involved.