State v. Ashbrook

KONENKAMP, Justice.

[¶ 1.] In this case, we must decide whether a passenger’s furtive movements in an automobile stopped for a possible traffic violation, justify an officer’s protective sweep for weapons around the passenger’s seat. Because the officer observed the passenger repeatedly reach under and around her seat during a traffic stop, we conclude the search was lawful. We affirm the circuit court’s denial of the motion to suppi’ess illegal drugs found in the vehicle.

Facts

[¶ 2.] On August 3, 1997, Karen Ashbrook was driving her van on 1-90 with two passengers en route to Sturgis, South…