9th Cir.
11-10337
The court of appeals reversed a district court order denying a motion to suppress evidence and remanded the action with directions. The court held that a Terry frisk was unconstitutional from its inception where police officers lacked any particularized suspicions directed at an unthreatening suspect who was standing nearby after exiting a vehicle in which he was a passenger and to which a police dog had alerted. The court held further that the searching officer exceeded the lawful scope of the frisk by lifting the suspects shirt to retrieve a brick-shaped object absent any evidence that the officer immediately recognized the object as a weapon or an unlawful item.
