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Wilson v. State

The arresting officer exceeded the scope of his authority when he conducted a pat-down search, even though he had no reason to believe that the defendant was about to harm him.

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Carter Wilson was charged with possessing marijuana with intent to distribute. He moved to suppress evidence of the marijuana, arguing inter alia that the police officer conducted an unlawful pat-down search. The trial court denied the motion, and we granted Wilson’s application for interlocutory appeal. For reasons that follow, we reverse. “Where the evidence on a motion to suppress is uncontroverted and credibility is not an issue, we review the evidence and the application of the law thereto de novo, construing all evidence in favor of the trial court’s judgment.”1 Viewed in this manner, the record shows that on October 30, 2003, Police Officer Paul Cwalina stopped a Ford pick-up truck that improperly crossed lanes of traffic while making a turn. Wilson was the driver of the truck.

According to Cwalina, he obtained Wilson’s license, told Wilson the reason that he stopped him, and then immediately asked Wilson “if he had anything inside the vehicle that the officer needed to know about —guns, knives, et cetera.” Wilson responded negatively. Although Cwalina admittedly did not see anything suspicious in the truck, he asked for permission to search it, and Wilson said “okay.” Cwalina testified that he “routinely asks people, all the time, for permission to search their vehicle.”

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