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PA: Protective weapons search valid (but court equally divided)

By John Wesley Hall, Jr.

Protective weapons search of a locked glove compartment that produced two guns was valid under Michigan v. Long (affirmance by an equally divided court). Commonwealth v. Micking, 2011 PA Super 45, 2011 Pa. Super. LEXIS 59 (March 10, 2011)*: For affirmance: The issue before us is properly defined as whether the protective search of the glove box was fueled by reasonable suspicion that Appellant may have been armed and dangerous. We find as a matter of law that the following facts supported Officer Tamulis’s articulated concern for his and his partner’s safety and sufficiently established reasonable suspicion to support a weapons search. First, Appellant was extremely nervous, shaking and trembling, and his voice was quivering. There was no apparent reason for Appellant’s extreme level of concern given the minor nature of the traffic infraction...continue to full post

Full post as published by Fourth Amendment on March 13, 2011 (boomark / email).