. . . [W]e agree with Hill that the evidence does not support a determination that Officer Gaskill held a reasonable belief that Hill was armed and dangerous at the time of the pat-down search. First, none of the information relating to the suspect who fled from the traffic stop indicated that he was armed or dangerous. Second, while Officer Gaskill testified that he “do[esn’t] like” it when a suspect puts his hand in his pocket, like Hill did, Hill complied when Officer Gaskill told him to remove his hand from the pocket. Transcript at 11. And when asked whether he had “some concern about whether [Hill] would have a weapon” in his pocket, Officer Gaskill replied only that he is generally “concerned about people with weapons.” Id.
Finally, Officer Gaskill testified on redirect examination that his “motive” for the pat-down search was his “own safety” given the one instance of the hand in the pocket and the fact that Hill was “looking around and cocking his body, et[ ]cetera.” Id. at 40. But, again, Hill put his hand in his pocket one time and complied when Officer Gaskill instructed him to remove it. And, as for the “looking around and cocking his body,” Officer Gaskill had described those actions as indicative of Hill’s apparent desire to flee. Id. In fact, while Officer Gaskill seemed very concerned that Hill looked like he was going to flee, he did not testify to facts that would support a reasonable, objective belief that Hill was armed and dangerous. Officer Gaskill made no connection between the likelihood that Hill would flee with any likelihood that he would be armed and dangerous.
. . . .
. . . [T]he Fourth Amendment requires that the officer have a particularized suspicion, or more than a “hunch,” that a person is armed and dangerous before conducting a pat-down search for weapons. See Terry, 392 U.S. at 27. We hold that the evidence does not support a determination that Officer Gaskill had a reasonable belief that Hill was armed and dangerous, and the pat-down search was an illegal search under the Fourth Amendment.
RILEY, J., and MAY, J., concur.