IN: Finding loaded magazine after a furtive movement justified a second patdown for weapon

With defendant’s stop, he was asked if he was armed, and he reflexively reached down to the floorboard. The officer got him out of the car and searched the area for a gun finding a loaded magazine. The passengers were removed, and all were searched without finding the gun. A second patdown of the defendant produced a gun in his waistband. After finding ammunition, the second patdown was justified. Saffold v. State, 938 N.E.2d 837 (Ind. App. 2010).*

A text message photograph of marijuana from an 11 year old to his dad was justification for the officer to come to house where defendant lived with the child’s mother. Also viewing the photograph on the phone at the scene was corroboration of probable cause. Hurst v. State, 938 N.E.2d 814 (Ind. App. 2010).*

Defendant was parked in front of a drug house and drove off. Officers followed and pulled him over for not making a complete stop. He denied being at the drug house. He consented to a search of his person but not the car. Officers found nothing on him nor in a quick look in the car. His denial of being at the drug house was reason enough to look for a weapon. A search of the car found only drugs. The search was valid. State v. Johnson, 2010 Ohio 6224, 2010 Ohio App. LEXIS 5227 (2d Dist. December 17, 2010):

[*P14] In this case, appellant was seen leaving a well-known drug location at 1:30 A.M. Appellant subsequently implicated himself by denying this after being pulled over. Neither a pat down nor a cursory glance inside the vehicle can adequately negate the possibility that a weapon was in the vehicle. A brief protective sweep of the vehicle was necessary to ensure the safety of the officers and others. The limited, protective search was very brief. It only lasted about ten to fifteen seconds. Given the facts and circumstances, this was a legal search. The trial court did not err in admitting the crack cocaine as evidence and overruling appellant’s motion to suppress.