U.S. v. Colbert

In prosecution on drug distribution charge, Dist. Ct. did not err in denying defendant’s motion to suppress drugs seized from him during traffic stop, even though defendant argued that police lacked reasonable suspicion to frisk him. Record showed that: (1) officer stopped defendant in his vehicle after observing him not stay in his lane and failing to signal when changing lanes; (2) officer smelled marijuana when he approached defendant’s vehicle and smelled marijuana on defendant’s person as he sat in his car; (3) officer had to ask defendant several times to exit his car before defendant had complied with said directive; (4) defendant became nervous while sitting in squad car; (5) officer observed bulge in defendant’s pants; and (6) officer learned that defendant had concealed-carry permit when he processed defendant’s information. Ct. of Appeals, in affirming Dist. Ct., held that said facts provided reasonable suspicion that defendant may be armed, and thus justified instant search. Fact that search of bulge in defendant’s pants did not reveal either weapon or contraband did not require that officer stop search, under circumstances where continued search of defendant revealed existence of drugs.