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VI: Frisk did not need to end with finding gun where that was probable cause

By John Wesley Hall, Jr.

Defendant argued that if his frisk was justified, it should stop with finding the gun. However, on these facts, the finding of a gun ripened to probable cause so the continued search was valid. Blyden v. People, 2010 V.I. Supreme LEXIS 25 (July 7, 2010): After reviewing the record in this case, we conclude that the Fourth Amendment was not violated by Dowdye's seizure of the additional items because probable cause arose to arrest Blyden at the time Dowdye recovered the firearm during the lawful Terry stop. “Probable cause exists where facts and circumstances within the arresting officer's knowledge are sufficient in themselves to warrant a reasonable person to believe that an offense has been … committed by the person to be arrested...continue to full post

Full post as published by Fourth Amendment on July 14, 2010 (boomark / email).