Shay v. State

*894The majority is correct in finding Corporal Kennedy had reasonable suspicion to search Shay for weapons to ensure Corporal Kennedy's safety. I dissent, however, because we should also affirm the circuit court's denial of Shay's motion to suppress based on Shay's consent to the search.

When reviewing the circuit court's denial of a motion to suppress evidence, we conduct a de novo review based on the totality of the circumstances, reviewing findings of historical facts for clear error and determining whether those facts give rise to reasonable suspicion or probable cause, giving due weight to…