Did the police officer possess a reasonable belief based on "specific and articulable facts, that the suspect is dangerous and the suspect may gain immediate control of weapons? Was the officer’s search of the defendant’s person, unconstitutional and did he need a search warrant? Did it invade his privacy? http://www.nolo.com/article.cfm/objectID/DED24689-ADA8-4785-887A0B4A19A694DE/104/143/127/ART/
Assuming the initial routine check was valid, you might consider whether the seized evidence (e.g., drugs) was linked to the original reason for the routine check. The officer’s justification of his search of his person was based on his opinion that the passenger was making a “shoving down” motion and he suspected that he was hiding a gun. State
Assuming the initial routine check was valid, you might consider whether the seized evidence (e.g., drugs) was linked to the original reason for the routine check. The officer’s justification of his search of his person was based on his opinion that the passenger was making a “shoving down” motion and he suspected that he was hiding a gun. State