State v. Boblick

OPINION

FRY, Judge.

{1} Defendant Thomas Boblick appeals the denial of a motion to suppress evidence seized from his person subsequent to a law enforcement officer’s patdown search for weapons. The State claims that the search was not a Fourth Amendment seizure but instead was a voluntary “community caretaking” encounter. The State further argues that officer safety concerns justified the pat-down. Defendant contends that the officer’s actions exceeded the bounds of a voluntary welfare cheek, and that in any event the patdown violated his constitutional rights because the officer had no…