State v. Danny Mai (A-98-09) 5-6-10
The officers presented sufficient facts in the
totality of the circumstances that would create in a
police officer a heightened awareness of danger that
would warrant an objectively reasonable officer in
securing the scene in a more effective manner by
ordering the passenger to exit the car. Those same
circumstances authorize a police officer to open a State v. Danny Mai (A-98-09)
The officers presented sufficient facts in the
totality of the circumstances that would create in a
police officer a heightened awareness of danger that
would warrant an objectively reasonable officer in
securing the scene in a more effective manner by
ordering the passenger to exit the car. Those same
circumstances authorize a police officer to open a
vehicle door as part of ordering a passenger to exit.
Thus, the seizure of the weapon was proper under the
plain view doctrine, and the seizure of the holster
and loaded magazine from the passenger was lawful as
the fruits of a proper search incident to an arrest.
