State v. Lemert

Summary

The Minnesota Supreme Court considered whether officers lawfully conducted a protective pat search of a passenger during a felony drug-trafficking stop. The court held that, under the totality of the circumstances, the officers had a reasonable, articulable suspicion that the passenger might be armed and dangerous, while declining to adopt an automatic-companion rule. The court affirmed the denial of the motion to suppress and the conviction.

Holdings

1. Under the totality of the circumstances, the officers had a reasonable, articulable suspicion that Lemert might be armed and dangerous, so the pat search was lawful.
2. A pat search may be lawful even when conducted pursuant to departmental policy rather than the officer's subjective assessment of the circumstances, because Fourth Amendment reasonableness is determined objectively.
3. The court declined to adopt an automatic-companion rule permitting a categorical pat search of every person accompanying an arrestee.

Questions Presented

1. Whether the warrantless pat search of Lemert was supported at its inception by a reasonable, articulable suspicion that he might be armed and dangerous.
2. Whether the Fourth Amendment permits an automatic pat search of a person merely because the person is a companion of an arrestee.

Disposition

affirmed