State v. Willette, 2013 Ohio 223

Willette was stopped on State Route 550 with two passengers in September 2010.
Trooper Smith conducted a first pat down before placing Willette in the cruiser; no contraband found.
Sgt. McDonald investigated the front-seat passenger and, after a comment about Willette and Harrell, conducted a second pat down of Willette.
During the second pat down, McDonald observed a baggie with a white substance in Willette’s sock and believed it was crack cocaine.
The sock’s fabric stretched tight, making the baggie visible in plain view; contraband was seized and Willette arrested.
A motion to suppress the evidence was denied; a jury convicted Willette of possession of cocaine, and the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the first pat down constitutional?	Willette contends the first pat down was unconstitutional.	Willette argues no valid Terry protective search justified the first pat down.	First pat down upheld; no prejudice shown because no evidence obtained.
Was the second pat down constitutional?	Willette argues the second pat down was invalid since a prior pat down occurred.	McDonald had reason to believe Willette was armed and dangerous, validating a second protective search.	Second pat down valid as a legitimate protective search under Terry.
Was the sock contraband admissible as plain view?	Willette contends the contraband was not in plain view and should be suppressed.	Plain view seizure permitted during a legitimate Terry search.	Contraband was in plain view during a valid Terry search; admissible.

State v. Roberts, 110 Ohio St.3d 71 (2006-Ohio-3665) (standard for reviewing suppression rulings; fact-finding given deference)
State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (two-step analysis for search and seizure; probable cause and exceptions)
State v. Stepp, 2010-Ohio-3540 (4th Dist. 2010) (discussion of suppression standards and credibility of witnesses)
State v. Kelley, 2011-Ohio-3545 (4th Dist. 2011) (protective pat-down permissible if armed and dangerous occupant)
State v. Hackett, 2007-Ohio-1868 (6th Dist. 2007) (limits on multiple protective searches; searches beyond Terry risk scrutiny)
Dickerson, 508 U.S. 373 (1983) (protective searches and reasonable suspicion standards; later searches may be limited)
Terry v. Ohio, 392 U.S. 1 (1968) (established stop-and-frisk protective search doctrine)
Adams v. Williams, 407 U.S. 143 (1972) (protective searches for weapons without probable cause)
Goodwin, 2006-Ohio-3368 (2d Dist. Ohio) (limits on admissibility of contraband found during protective searches)
Mapp v. Ohio, 367 U.S. 643 (1961) (exclusionary rule and evidence obtained in unreasonable searches)