Glasgow v. State, 3/29/18, COA (Sharpnack) – An officer is permitted to ask a detainee if he is armed or has any sharp objects on him.
An officer came across D stopped on the shoulder of the road with a flat tire, with another driver stopped to help. A second officer came to assist and observed the second driver attempting to conceal a box of heroin. After arresting that driver, the officer asked D if he had any needles or weapons on him that would “poke us or stick us.” D admitted he had a syringe and pulled it from his jacket pocket, prior to being patted down. D moved to suppress the syringe, which was denied, and he was convicted at trial. He appealed, challenging the stop and subsequent search. The COA affirmed, finding it was permissible for an officer to ask if a detainee had a weapon prior to any pat down, and this also applied to inquiring about contraband. Conviction affirmed.
- Posted by Mary Foley Panszi
- On April 2, 2018
- 0 Comments