Q: Can an officer reach into a person's empty pant pocket while conducting a weapons frisk prior to making an arrest?
Person gets pulled over for a purported traffic violation. Person does not have their DL on their person at the time & is unable to produce any form of ID upon officer's request. Officer asks person to step out of vehicle. Then asks if ok to do a "weapons pat down". Person consents ONLY to a pat down of the outside of his clothing to check for weapons. Officer begins to pat down cargo pants & immediately reaches into right side ("RS") pocket. Pocket was completely empty. Officer continues pat down of RS and then begins to pat down LS. Officer then asks "what is this you have in your pocket?" while at the same time reaching into a pocket & removing a plastic bag containing a CS. Person is then placed under arrest. Couldnt it be construed that the officer violated 4th Amend. rights by searching inside of RS pocket w/o any reason to believe he felt a weapon? The pocket was completely empty. Is that not outside the scope and limitations of a mere "weapons frisk"?
A: A weapons frisk is unlikely to be suppressed. Were you driving while suspended or without a license? There are a lot of factors to be considered.
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