State v. Taveras, 39 A.3d 638

On January 10, 2007, around 10:30 p.m., two Providence officers observed a license-plate-less conversion van idling with its engine running and no driver visible; defendant sat in the front passenger seat and appeared to stuff something into the left side of her jacket.
The officers approached, asked defendant to exit, and after she opened her jacket a plastic bag containing crack cocaine fell to the ground; she was arrested.
An information filed May 8, 2007 charged possession of cocaine and possession with intent to deliver; defendant moved to suppress evidence as unconstitutional.
At suppression, officers testified to observations suggesting danger and defendant’s nervous demeanor; defendant testified inconsistently and claimed she and the driver were on a date.
The trial court denied suppression; a jury waived trial resulted in conviction on possession of cocaine; defendant received a ten-year suspended sentence with probation.
On appeal, the Supreme Court remanded for findings on the scope of the search and credibility, and affirmed the denial of the motion to suppress and the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop and frisks were supported by reasonable suspicion	Taveras argues lack of specific facts; nervousness alone not enough	State contends totality of circumstances gave reasonable suspicion	Yes, sufficient reasonable suspicion supported the frisk
Whether asking defendant to unzip/open her jacket exceeded Terry scope	Taveras asserts unzipping was a search beyond pat-down	State maintains it was a less-intrusive, reasonable measure for safety	No, the jacket-opening request was reasonable and within scope

Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes the Terry frisk framework; limited outer clothing search for weapons)
United States v. Cortez, 449 U.S. 411 (U.S. 1981) (totality of the circumstances governs stop analysis)
Pennsylvania v. Mimms, 434 U.S. 106 (U.S. 1977) (exit from a vehicle during a stop is de minimis intrusion)
State v. Collodo, 661 A.2d 62 (R.I. 1995) (furtive gestures and nervousness can justify a limited frisk for weapons)
State v. Black, 721 A.2d 826 (R.I. 1998) (variable suspicion may yield variable search scope; plain view/feel distinctions)
United States v. Reyes, 349 F.3d 219 (5th Cir. 2003) (lifting shirt can be less intrusive than pat-down under Terry)
Adams v. Williams, 407 U.S. 143 (U.S. 1972) (weapons search permitted when suspect armed; protective search)
Illinois v. Lafayette, 462 U.S. 640 (U.S. 1983) (reasonableness does not hinge on least intrusive means in all cases)