MA: Where there’s justification for a frisk for weapons it might extend to the car as well when none is found on the person

The officer had reasonable suspicion for a “patfrisk” during a traffic stop, and defendant was “agitated” when it was happening. Defendant was put in the patrol car, and a frisk of the car for a weapon was justified by defendant’s demeanor because the officer didn’t want the defendant to later come out of the car and get a hidden weapon. Commonwealth v. Myers, 82 Mass. App. Ct. 172, 971 N.E.2d 815 (2012).

Trial court found consent, but defendant did not raise the scope of consent in the trial court. He asked for remand to settle that, but it was waived by not having raised it in the first place. State v. Bell, 2012 N.C. App. LEXIS 868 (July 17, 2012).*