### The Honorable Thomas M. Shanahan, United States Distric t 1 

### Judge for the District of Nebraska, adopting the report an d recommendation of the Honorable Kathleen A. Jaudzemis, Unite d States Magistrate Judge for the District of Nebraska. ___________ No. 96-1568

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * District of Nebraska. * [UNPUBLISHED] William Haney, * * Appellant. *

___________ Submitted: September 10, 1996 Filed: October 9, 1996

___________ Before WOLLMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

___________ PER CURIAM. William Haney appeals from the district court's de nial of his motion 1 to suppress. We affirm.
I.
On Decemb er 11, 1994, Officer Langston Farrish was working as a secur ityguard at a grocery store in Omaha. He attempted to speak to a woman at the store who was visibly upset, but sh e refused. When the woman entered the store for a fourth time, she approac hed Farrish and identified herself as Vicki Roma no. She told Farrish that she had been kidnapped by the man in her car, later identified as Haney, a nd that he was a convicted felon and had a gun.

### -2- Farrish asked Haney to step out of t he car and, concerned that Haney had a gun, conducted a pat-down search of him. No weapons were found, and Farrish asked Haney to leave. Haney took his bags out of the car and bega n wal king. When Ms. Romano's car wouldn't start, Farrish discovered tha t some parts had been taken from the car.
Farrish began to pursue Haney because of Ms. Romano's repeate d assertions that Haney had a gun and because he believed that Haney ha d taken the parts from the car. Haney attempted t o flee. When Farrish told Haney to stop, Haney turned towards him. Farrish then saw a chrome object , which he believed was a gun. Farrish drew his w eapon and ordered Haney to lay on the ground. When Haney refused to do so, Farrish threw him to the ground and handcuffed him. Farrish then removed a chrome revolver from th e pocket of Haney's jacket.
As Farris h was calling for help, Haney jumped up and ran into th e home of his neighbor, Jack Cronin. Farrish knocked on the door of Cronin' s residenc e and asked if Haney was inside. Cronin said that he was not . After two witnesses said they saw Haney go into Cronin's residence, Farris h again asked Cronin if Haney was inside and informed Cronin that it was a crime to harbor a fugitive. Cronin allowed Farr ish to enter and indicated that Haney was upstai rs. Haney was ultimately found hiding in the attic. Haney was indicted as a felon in possession of a firearm, a vio lation of 18 U.S.C. § 922(g). Following the district court's denial of his motio n to supress evidence, Haney pleaded guilty, reserving the right to appeal the denial.
II.
We agree with the district court that at the time of the pat-dow n search Farrish was possessed of specific, articulable facts

### -3-

that woul d lead a reasonable person to believe that Haney was armed an d that it was necessary to search him for a weapon . Terry v. Ohio , 392 U.S. 1, 21 (1968). Furthermore, by the time Haney wa s restrained and arrested, Farrish had probable cause to believe that Haney was engaged in criminal activity. Haney con tends that the district court erred in holding that he did not ha ve standing to challenge the warrantless search of Cronin' s residence. We conclude, however, that the district court's finding that Haney was neither a resident of nor an overnight guest in Cronin's home is not clearly erroneous. Haney thus had no legitimate expectation of privac y in nor st anding to challenge the search of Cronin's home, making i t unnecessary for us to consider his additional co ntention that the district court erred in finding that Cronin voluntarily consented to the search. The judgment is affirmed. A true copy.
Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.