Police may not routinely frisk every person asked to step out of a car during a 'Traffic Stop'; Police must have reasonable suspicion that the person is armed and dangerous. No reasonable suspicion was present where the Driver was cooperative; traffic stop occurred during daylight hours; and information about Driver's prior narcotics offense did not include use of a weapon. State v. White, No. 103,472 (Kan. App. Nov. 12, 2010) .
This is a good ruling by the Court, upholding basic Constitutional Rights that protect against unreasonable Search and Seizure by law enforcement. Unlawful Police Stops and searches, what we refer to as 'Fishing Expeditions' by local law enforcement, can impinge upon your rights. We will file a Motion To Suppress any evidence obtained as a result of an unlawful stop or search . Contact the Offices of DUI Defense Attorney Charles R. Green today to discuss your case.