Michigan Versus Long

Question 0

Issue

Answer 0

Weather police officers can conduct a frisk of the passenger compartment of a vehicle following a lawful investigatory stop of the vehicle?

Question 1

Facts

Answer 1

Police absurd a vehicle driving erratically and speeding. Officers stopped to investigate. Defendant got out leaving the drivers side door open and met officers near the rear of the vehicle. When asked to produce his registration on a second request he began walking towards the open door of the vehicle. Both officers followed him observed a large knife on the floorboard of vehicle. Stop the defendant conducted a Frist of his person. One officer shined flashlight into vehicles passenger compartment to search for other weapons. He noticed something sticking out from under the armrest. Opened armrest found a pouch containing what appeared to be marijuana. Subject arrested for possession.

Question 2

Held

Answer 2

Yes officers may frisk the passenger compartment of a vehicle limited to those areas in which a weapon may be found if the officers reasonably believe that the suspect is dangerous and may gain immediate control of weapons.

Question 3

Discussion

Answer 3

Terry versus Ohio does not restrict frisks to the body of the suspect. Past cases indicate 1. the protection of the police officers as well as others may justify a protective searches when you have a reasonable belief that the suspect poses a danger. 2. Road side encounters between police and suspects are especially hazardous. 3. Danger may arise from the possible presence of weapons in the area surrounding a suspect. Frisk of a passenger compartment of an automobile restricted to those areas in which a weapon maybe placed or hidden is reasonable if officers can articulate a reasonable belief that the suspect is armed and dangerous