ID: Defendant’s stop was reasonably extended because defendant handed the officer an expired driver’s license

Defendant’s stop was reasonably extended because defendant handed the officer an expired driver’s license. The totality of circumstances justified a frisk of defendant’s jacket. State v. Smith, 41661, 2015 Ida. App. LEXIS __ (June 15, 2015)*:

In determining the officer had reasonable suspicion that Smith was armed and dangerous such that a frisk was warranted, the district court found the following facts: (1) the stop occurred late at night; (2) Officer Cwik had seen potential weapons, a baton and a hatchet, in the vehicle; (3) Smith exhibited threatening acts, including lunging toward the officer, and showed agitation and an unwillingness to cooperate; (4) the jacket was within easy reach of Smith; and (5) Officer Cwik was aware that Smith was known for violent offenses, including assault on an officer. On appeal, Smith does not contest these factual findings but merely argues, without elaborating, that these facts did not support a reasonable suspicion that he was armed and dangerous. We disagree. As the district court recognized, many of these factors were identified by the Supreme Court in Bishop as influencing whether a reasonable person in the officer’s position would conclude that a particular person was armed and dangerous. Under the totality of the circumstances here, the district court did not err by determining Officer Cwik had the requisite suspicion to conduct a frisk of the jacket.