McCain v. Com.

OPINION BY Justice S. BERNARD GOODWYN.

In this case we consider the circumstances under which a law enforcement officer may, within the confines of the Fourth Amendment of the United States Constitution ("the Fourth Amendment"), conduct a "pat-down" search for weapons on a passenger in a vehicle whose driver was stopped for a traffic violation.

Tyrone Junior McCain ("McCain") was charged in the Danville Circuit Court with possession of cocaine with the intent to distribute, possession of a firearm while possessing cocaine with the intent to distribute, possession of a firearm by a convicted…