Autry

—A traffic officer asked Robert Autry to step out of his car for a “patdown” search. Autry complied and the officer felt two objects which were similar to hypodermic needles and syringes. The officer removed the objects—which were indeed two hypodermic needles and syringes—and arrested Autry, who was later found to have cocaine on him. Autry now claims the officer did not have enough information to justify the (warrantless) patdown search, nor enough information to believe the two objects were weapons. A United States Supreme Court case, Pennsylvania v. Mimms (1977) 434 U.S. 106 [ 54 L.Ed.2d 331 , 98 S.Ct. 330 ], disposes of the first claim. Common sense disposes of the second.

Facts

Sometime after midnight a police officer noticed Autry driving in an erratic manner similar to a person under the influence of alcohol or drugs. The officer decided to pull Autry over and check his condition. He turned on the overhead lights of his police car, and Autry pulled into a gas station. The area was dark. The interior of Autry’s car was not well illuminated.

The officer walked to the driver’s door and asked Autry for identification. Autry said he had none, but gave his name as…