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Wednesday
Aug102011

State v. Herron (3rd District Court of Appeals, August 10, 2011)

Fact that defendant appeared excruciatingly nervous and fidgety and could not produce a driver's license, proof of insurance, or car registration, and appeared to be looking out the window for an avenue of escape, along with fact that officer did not feel comfortable returning to his vehicle to run identification or mug shot system identification of the defendant, either singularly or cumulatively, were insufficient to justify a weapons pat-down following traffic stop when there was no additional articulable suspicion that defendant was armed with a dangerous weapon.