State v. Smith

CHASANOW, Judge.

We are called upon in this case to examine the permissible scope of a protective frisk for concealed weapons during the noncustodial detention of an individual suspected of being *463armed and dangerous. The specific question before the Court is whether a police officer, after patting down a suspect’s outer clothing and detecting no weapons, may further verify that a suspect is unarmed by lifting the suspect’s shirt to reveal the waistband of his pants. For the reasons set forth below, we hold that the police officer acted improperly in engaging in this secondary, more intrusive…