IA: Raising arms on request for patdown was “acquiescence to a claim of authority”

Defendant did not consent to a patdown by raising his arms–it was merely acquiescence to a claim of authority. State v. Frost, 2018 Iowa App. LEXIS 759 (Aug. 15, 2018):

Roberts testified she initially asked Frost if Officer Brand could pat him down and Frost raised his arms. Roberts further testified Brand also asked Frost for permission to pat him down and Frost replied, “Yes, that would be fine.” Brand opined during the suppression hearing that an individual who puts his hands in the air “usually signifies consent.” Brand testified he asked Frost if he “could check his body for anything illegal” before beginning the pat-down and Frost “consented.” In overruling the suppression motion, the district court stated, “[Frost], by his actions of raising his arms, indicated a knowledge of the request and the extent of the request.”

Frost’s raising of his arms, without more, is insufficient to show an “unequivocal, specific” consent to the patdown. See id. But, Frost’s raising of his arms while also verbally agreeing to Brand’s request to perform a patdown qualified as consent to the limited search. Howard, 509 N.W.2d at 767; accord Leaton, 836 N.W.2d at 677.