NM: Search of why fumbling motorist’s shirt was sticking out of his fly was valid based on reasonable suspcion

Defendant was fumbling at his waist in his car and finally got out with his shirttail sticking out his fly. The officers had reasonable suspicion for a search as to why because he could have been hiding a gun or drugs. State v. Williams, 2011 NMSC 26, 149 N.M. 729, 255 P.3d 307 (2011), rev’g State v. Williams, 2010 NMCA 30, 148 N.M. 160, 231 P.3d 616 (App. 2010):

[*21] We hold that the under-clothing search of Defendant passes constitutional muster because the officer had particularized reasonable suspicion that Defendant was concealing a weapon or evidence, and the location, manner, and scope of the search were reasonable under the circumstances. Invasive, under-clothing searches remain the exception, and this Opinion is not to be read as an approval of the incorporation of an under-clothing search into the typical search incident to arrest. We reject any suggestion that our holding would permit invasive searches for all felony drug offenses, as such would be inconsistent with our preference for case-by-case reasonableness analyses based on the totality of the circumstances. See, e.g., Leyva, 2011 NMSC 9, ¶ 54.

Plaintiff was walking partially on an interstate highway drug and under the influence of that and probably ecstacy. In what as visible on the police car video of the encounter, it was apparent that plaintiff was a danger to himself and others in walking toward traffic, and he fought with officers trying to handcuff him. He was tasered in the process. The officers’ conduct was not objectively unreasonable, and summary judgment should have been granted. Williams v. Sandel, 433 Fed. Appx. 353 (6th Cir. 2011).*