The trial court properly concluded that police officers did not hold a reasonable belief that Penrod posed a risk to their personal safety at the time they did a “pat-down” search for weapons during a traffic stop in which Penrod was a passenger detained on suspicion of a traffic offense. Since the pat-down search was unreasonable, the seizure of evidence during the search violated K.S.A. 22-2404(2) and the Fourth Amendment prohibition against unreasonable searches and seizures.The COA apparently thought the record sufficiently supported this conclusion that it did not even write an opinion!
[Update: the state did not file a PR and the mandate issued on March 29, 2007]
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