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Fourth Amendment

Westmoreland v. State (Ind. Ct. App. April 17, 2012)

This case is our Court of Appeals' first in-depth discussion of the SCOTUS decision in Arizona v. Johnson, 555 U.S. 323 (2009), which addressed the authority of police officers to conduct pat-down searches of vehicle passengers after routine traffic stops. The Court of Appeals held the pat-down in this case violated the 4th Amendment, as interpreted in Arizona v. Johnson, and that the trial court should have suppressed marijuana found in the pat-down because the officers had no reasonable belief that the defendant was armed and dangerous. This case is important to any criminal law defense attorney or appellate practitioner who handles criminal appeals.

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