Under the law, there was no reasonable articulable suspicion that would allow the first Terry frisk. However, any experienced officer can state a reason and the judge will go along with it. Here, the fact the first frisk did not turn up anything makes the second frisk unreasonable and the evidence should be excluded.
What does the police report say as to why he felt he had cause to search you the second time?
just bailed one week ago arrainment set for the 17th made several requests for copy of police report was told it would only be released to my lawyer i explained i was presently representing myself request remained denied
The reasonableness of any particular search and seizure must be assessed in light of the particular circumstances against the standard of whether a man of reasonable caution is warranted in believing that the action taken was appropriate
Terry permits a brief stop of a person whose suspicious conduct leads an officer to conclude in light of his experience that criminal activity may be afoot, and a patdown search of the person for weapons when the officer is justified in believing that the person may be armed and presently dangerous. This protective search -- permitted without a warrant and on the basis of reasonable suspicion less than probable cause -- is not meant to discover evidence of crime, but must be strictly limited to that which is necessary for the discovery of weapons which might be used to harm the officer or others. If the protective search goes beyond what is necessary to determine if the suspect is armed, it is no longer valid under Terry and its fruits will be suppressed.
Here I see nothing that would give the officer the right for the first search, much less the second. With that said, I don't know what he is going to use as a reason.
You can file a Brady request for discovery.
my question is referencing possibility of reasons undisclosed to driver based on information officer obtained from informant or sworn statement
You need to get discovery to find out. I am going offline so will opt out and let someone else see if they can help you.
Lawyer
Attorney for 22 years. General Practice, Labor/Employment, PI, WC, Criminal, Family.