State v. CS

The client was stopped for speeding and asked to step out of his vehicle to perform field sobriety tests because the officer suspected he was under the influence of alcohol.  When the client stepped out of his car, the officer asked him to turn around and patted him down for weapons under the guise of “officer safety.” The officer found marijuana in his pocket and arrested him for possession.  The DUI investigation did not lead to any charges. The possession charge was dismissed because the marijuana was found after an illegal pat-down since there was no reason to believe the client might be armed.