Supreme Court of Arkansas

Mo Shay, Appellant v. State of Arkansas, Appellee

December 20, 2018562 S.W.3d 832

Summary

The court held that the officer's pat-down of Shay was reasonable under the Fourth Amendment because the totality of the circumstances supported an investigatory detention and officer-safety frisk. It nevertheless held that opening and searching Shay's wallet exceeded the permissible scope of the frisk because the officer knew it was a wallet, lacked probable cause, and did not obtain consent. The court reversed and remanded, vacating the court of appeals' opinion.