State v. Rio

DAVIS, Judge.

The State challenges the circuit court order granting Frank Rio’s motion to suppress evidence seized from him during a traffic stop of a vehicle in which he was a passenger. We reverse.

Rio was the passenger in a car that was stopped by a trooper for speeding and erratic driving. Upon the trooper’s request, the driver consented to a search of the vehicle. The trooper then asked Rio to exit the car. Upon noticing a bulge in Rio’s waistband, the trooper told Rio that he could see something in his pants and asked him if there was “anything illegal on his possession.” Rio responded by…