People v. Surles

(Court opinion corrected 1/9/12.) Defendant was convicted, after bench trial, of several charges relating to his possession of a revolver, and court merged its findings into single conviction for violating armed habitual criminal statute. Officer conducted pat-down search of Defendant out of concern for his safety, in being located in high-crime area known for gangs; officer had made traffic stop of vehicle in which Defendant was a passenger, and noticed bulge in Defendant's waistband. No evidence of specific facts known to police that tied Defendant to crime in area. Defendant's presence in high-crime area, and bulge in waistband, were neither individually nor together sufficient to justify pat-down search, and thus revolver found in search should have been excluded. (STEELE, concurring; MURPHY, specially concurring.)