State v. Stone

HUDSON, Justice.

We examine today whether a passenger in a vehicle who gave consent to a generic search for weapons or drugs during a routine *51traffic stop subjected himself to an officer’s flashlight search inside his underwear. Under the circumstances here, we conclude he did not. We hold that this intrusion violated the defendant’s rights under the Fourth Amendment to the United States Constitution, which protects all persons from unreasonable searches and seizures, and entitles defendant Stone to a new trial;

Defendant was indicted for possession with intent to sell or deliver cocaine.…