An officer notices a vehicle traveling above the posted speed limit and stops it. He approaches the vehicle, tells the driver why he was stopped and asks the driver to step out of the vehicle. After the driver exits his vehicle, the officer pats him down for officer safety and feels an object he believes, based on his training, knowledge and experience to be a handgun. He reaches into the driver's pocket and recovers a handgun. The driver is arrested and charged with wearing & carrying a handgun in violation of Maryland law.
At trial, should the Court find the pat down to be legally justified? Why or why not?
What was the basis for the officer asking the driver to exit his vehicle? Does he need a basis to do so? Why or why not?
Could the officer order any passengers out of the vehicle?
Should the Court find the pat down lawful if the testimony of the officer established it was a high crime area and he had reason to believe the driver was a drug dealer? Why or why not?
What if the driver made furtive movements under the driver's seat as the officer was approaching?