State v. Evans

In determining whether defendant’s constitutional rights were violated, we must consider two issues arising under the Fourth Amendment. First, having lawfully detained defendant for a traffic violation, did the police officers have the authority to conduct a pat-down search of defendant’s body after ordering him out of his car? Second, if the officers had legal authority to search defendant, did they exceed the permissible scope of that pat-down search for weapons?

I

The propriety of the initial stop of defendant’s vehicle cannot be reasonably disputed under the facts of this case. The…