State v. Parke

OPINION

ORME, Judge:

¶ 1 This appeal presents the question of whether a protective frisk is constitutional when the facts show that the police officer effectuating a traffic stop subjectively believed the driver’s shoulder movement indicated that the driver may have been hiding a weapon or narcotics in his waistband area; the driver became “somewhat agitated” and questioned the police officer’s order to place both of his hands outside the window; and in the police officer’s experience, the area he patrolled was “very dangerous.” When objectively considering the totality of the circumstances, we…