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Hicks v. State

The arresting officer received the defendant's consent to a pat-down and search of his pockets during the course of a lawful detention out of concern for his own safety, based on the defendant's statement that he had a knife, as well as his overly-nervous demeanor.

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Following a bench trial, the trial court found William C. Hicks guilty of possessing methamphetamine, possessing marijuana, speeding, and driving under the influence of drugs. Hicks appeals, challenging the denial of his motion to suppress. Finding no error, we affirm. In reviewing the trial court’s ruling on a motion to suppress, we construe the evidence most favorably to uphold that judgment, and the trial court’s factual findings will not be disturbed if any evidence supports them.1 So viewed, the record shows that on January 31, 2006, Trooper Jeff Adamson observed a pickup truck driven by Hicks traveling 66 miles per hour in a 45 mile-per-hour speed zone. Adamson stopped the vehicle and asked Hicks to step to the rear of the truck.

As they spoke outside the vehicle, Adamson noticed that Hicks was extremely nervous, almost to the level of “paranoia.” Adamson asked Hicks why he was speeding, then inquired whether he had any weapons. Hicks replied that he had a pocketknife and began to reach into his front pocket. Concerned by Hicks’ demeanor and assertion about the knife, Adamson instructed Hicks to remove his hand from the pocket. The trooper then stated that he was going to pat Hicks down and asked for consent to reach inside Hicks’ pockets. Hicks consented.

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