The search of defendant was permissible as a search incident with probable cause of drug possession. The fact the officer articulated that he wanted to do a Terry patdown is irrelevant since the objective record supports the search. Tolbert v. State, 111 So. 3d 747 (Ala. Crim. App. 2011):<\/p>\n
Although the record appears to indicate that Officer Foster intended to perform a Terry search limited to a search of Tolbert for weapons in order to protect his and other officers’ safety, Officer Foster’s subjective intentions are irrelevant. As noted above, Officer Foster was objectively-authorized to search Tolbert incident to a lawful arrest, and therefore the discovery and seizure of a controlled substance from Tolbert’s pants pocket was legally permissible. See State v. Gargus, 855 So. 2d 587, 590 n.2 (Ala. Crim. App. 2003).<\/p><\/blockquote>\n
Defendant\u2019s patdown was unreasonable because the officer failed to provide justification that he believed defendant was armed. State v. Edwards, 112 So. 3d 53 (Ala. Crim. App. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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