People v. Claypool

Police officer seized Defendant at 12:45 a.m., after he saw him try to enter a parked vehicle by tugging on trunk handle and door handles, but then walked by residence where vehicle was parked. Officer seized Defendant and ordered him to submit to a pat down search. Shortly thereafter, police found cocaine in a nearby storm drain, which they alleged Defendant spit out and pushed into drain. It was plausible for officer to believe that Defendant was trying to burglarize vehicle, and to believe that Defendant may have had burglary tools or screwdrivers that could be used as a weapon. Thus, under totality of circumstances, Terry investigative stop was justified. (HOLDRIDGE and SCHMIDT, specially concurring.)