IN: Having def manipulate his clothing and remove his shoes was a search, not a safety frisk for weapons

The search of defendant was not for officer safety where the officer told defendant to move his clothing around because, if he was armed, he would be putting his hands on the weapon. The order to remove his shoes also wasn’t for safety purposes. Bean v. State, 2020 Ind. App. LEXIS 51 (Feb. 13, 2020).

Based on the parsing of the statute and the photographs, including an aerial photograph, the court concludes the officer’s determination of the lane change violation was objectively reasonable. The smell of marijuana was probable cause, and the search could include the locked glove compartment. United States v. Marsh, 2020 U.S. Dist. LEXIS 26006 (M.D. Tenn. Feb. 14, 2020).*

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