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"The filing comes in the 4th Circuit Court of Appeals decision in the case of Shaquille Montel Robinson, who was stopped and searched by police in West Virginia for not wearing a seatbelt and found with a gun in his pocket." Sounds like a good case to take to the SCOTUS and I hope that they do rule on it.
I'd be interested in knowing why the cops felt like it was necessary to search somebody when it seems like all he was doing was not wearing his seat belt.
This has been the law for decades. If an officer has any concern that you have a weapon, legal or not, they are allowed to do a 'protective' frisk of the occupants and anything within their immediate reach.
They aren't allowed to reach into pockets though, but if they detect a weapon during a frisk they can then search that particular location.
If the weapon is legal they must give it back at the end of the encounter (assuming no arrest was made), but they still have the right to search if they choose to, no warrant or consent required.
This could be an interesting case. I could see it going either way...