Simpler v. State, 568 A.2d 22 (Md. Ct. App. 1990)

Facts

Officer Wassmer approached a group in the woods drinking beer.  Suspecting some were underage, he requested identification and patted down each person, except the female.  Wassmer found a bong on Simpler, arrested him, then discovered marijuana in Simpler’s jacket.  Wassmer explained that based on prior contact with Simpler, he believed Simpler would have a weapon.

Procedural History

The trial court denied Simpler’s motion to suppress and Simpler was convicted for possession of marijuana.

Issue(s)

Did the trial court err in denying the motion to suppress, finding that there was a reasonable suspicion that Simpler was armed and dangerous when frisked?

Holding(s)

Yes.

Reasoning/Analysis

The Court found that when Simpler was frisked, the most serious violation was a civil offense which the maximum fine was $100.  Issuance of a citation is not an arrest, and the frisk is not a search incident to an arrest.  Although a reasonable stop is a necessary predecessor to a reasonable frisk, a reasonable frisk does not inevitably follow in the wake of every reasonable stop.  The very minor offense here cannot, in and of itself, justify the frisk.

Judgment/Outcome

The Court reversed the judgment of the trial court.