Purnell v. State

VEASEY, Chief Justice:

In this appeal, we consider the validity of a second search following a lawful Terry 1 stop. Here, a police officer conducted a pat-down search incident to a Terry stop and found no weapons. Later, the officer conducted an additional search, without consent, after the pat-down had been concluded. The record shows that the purpose of the additional search was not to protect the officers, but to gather evidence. The Superior Court denied the defendant’s motion to suppress the fruit of the second search. We reverse on the ground that the search violated the suspect’s Fourth…