United States v. Collins Kusi Sakyi

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Senior Judge MAGILL joined.

OPINION

NIEMEYER, Circuit Judge:

In this case we must decide whether a passenger in an automobile may lawfully be “patted down” in connection with a lawful traffic stop before a search of the vehicle for suspected drugs. We hold that because the officer had an objectively reasonable suspicion of criminal activity and a legitimate concern about his own safety, he acted lawfully under the Fourth Amendment in “patting down” the passenger.

I

During the evening rush hour on April 2,…