Following a conditional plea of guilty, under which he reserved the right to appeal the trial court’s denial of his motion to suppress evidence, appellant Terrance Stanley was convicted of unlawful possession of a controlled substance (cocaine), in violation of D.C.Code § 48-904.01(d). Appellant seeks reversal, of his conviction on the ground that the pat-down search, which led to police discovery of a baggie оf cocaine on his person, violated his rights under the Fourth Amendment. We conclude that the trial court did not err in denying the motion to suppress and, therefore, we affirm the conviction.
I.
On the evening of December 2, 2008, officers from the Metropolitan Police Department (MPD) executed a search warrant “for illegal drugs or narcotics[ — Related paraphernalia or contraband” at 232 Randolph Place, N.E. The affidavit in support of thе application for the search warrant established that the affiant, Officer Jonathan Jordan, had probable cause to believe that, in addition to narcotics and narcotics-related paraphernalia, the residence contained “illegal weapons.” Appellant’s brother, Damien Stanley, resided at the address. Once inside, police saw appellant and his brother along with three other individuals seated on a couch in the living room. Officer Wingate-Robinson (hereinafter Robinson) instructed the individuals in the house to lie on the floor and the officers then handcuffed them. Officer Robinson instructed appellant to stand up, and while appellant was handcuffed, began “to shake him, [to] make sure he didn’t have any [] weapons” on him. Officer Robinson testified that while he was patting appellant down he had no reason to believe that appellant had drugs on him becаuse he was not a target of the search. While shaking appellant’s belt, a “red zip” containing cocaine fell to the ground. Officer Robinson retrieved the baggie and placed appellant under arrest.
Appellant moved to suppress the cocaine as the fruit of an unlawful search, arguing that additional grounds for the belt shaking were missing for what he believes was an additional intrusion. Officers Jordan and Robinson, who both helped execute the search warrant, testified at the hearing on the motion to suppress. Vanessa Bates, who was present at the residence while police executed the warrant, testified on behalf of the defense. Officer Robinson testified that he “patted the inside of [appellant’s] legs and around his waistband and shook his belt to make sure he didn’t have anything, any type of weapons or anything around his waistband.” The officer explained that “as [he] shoоk .[appellant’s] belt a red zip containing [a] white rock-like substance fell down to the ground.” The officer testified that he was not looking for drugs when the baggie fell. He stated that it was standard procedure for him to shake the belts of individuals while conducting a frisk for weapons, “because somebody could be hiding a weapon inside their belt ... in between the belt and the pants.” Lastly, the officer testified that he has uncovered guns and knives while conducting prоtective pat-downs and that, in his experience, a gun can be mistaken for a large belt buckle. Vanessa Bates, appellant’s ex-girlfriend, testified that the officers searched appellant several times by patting him and looking inside of his pockets.
The trial court orally denied appellant’s motion to suppress and issued a written order denying the motion. The trial court credited the testimony of Officers Robinson and Jordan and, because of her demeanor and relationship with appellant, did not credit the testimony of Vanessa *273 Bates. The trial court found that “[t]he scope of Officer Robinson’s frisk was limited to the extent reasonably necessary to discover any weapon on [appellant’s] person.” It held that the frisk was reasonable because Officer Robinson, based- on his experience, “reasonably believed that [appellant] might have a weapon under his belt and that shaking his belt would reveal any such weapon” and because “[handcuffing a detainee does not necessarily eliminate all threats.” The trial court observed that “multiple detainees were detained in the house, and one detainee could obtain a weapon concealed on the person of another detainee” and that appellant would have been able to recover a weapon once the handcuffs were removed.
In reaching its decision, the trial court relied largely on
Michigan v. Summers,
[t]he practical difficulty of determining the exact status of each occupant and calibrating the risk each occupant poses during the execution of a residential search warrant for drugs explains why it was reasonable for the officers to frisk all occupants of Mr. Johnson-Stanley’s house, whether they lived there or were related to the target.
II.
Appellant contends, as he did at the trial level, that Officer Robinson’s pat-down search violated the Fourth Amendment because Officer Robinson lacked particularized information that appellant рossessed weapons or drugs and thus exceeded the permissible scope of a
Terry
protective pat-down when he shook appellant’s belt. The question of whether the trial court erred in denying appellant’s motion to suppress tangible evidence is subject to
de novo
review.
Germany v. United States,
It is well established that a police officer may briefly detain an individual and conduct a pat-down search for weapons if the officer has “reasonable articulable suspicion” that the individual is armed and dangerous.
Germany,
In considering whether Officer Robinson possessed the requisite “individualized suspicion” to frisk appellant for weapons, the trial court acknowledged that Officer Robinson “had no specific information that [appellant] might have drugs or weapons on his person before he frisked him.” It determined, however, that the frisk was reasonable because (1) the officers were executing a residential search warrant for narcotics and appellant was present in the residence to be searched; (2) drugs and guns are often found together; (8) there were multiple individuals in the residence, increasing the risk that somebody could access a weapon; and (4) Officer Robinson’s experience taught him that appellant might have a weapon on his person.
Appellant argues that without partiсularized suspicion that appellant possessed drugs or weapons or was involved in his brother’s criminal activities, the officers could not “frisk” him or “shake” him down. Appellant relies on the Supreme Court’s decision in
Ybarra v. Illinois,
There is no support in
Terry
or its progeny for the proposition that there is a distinction between a pat-down and a frisk, and what appellant takes from Officer Robinson’s testimony as a “shake”; indeed, the
Terry
opinion itself uses “pat-down” and “frisk” interchangeably.
Nothing in Terry can be understood to allow a generalized “cursory search for weapons” or indeed, any search whatever for anything but weapons. The “narrow scope” of the Terry exception does nоt permit a frisk for weapons on less than reasonable belief or suspicion directed at the person to be frisked, even though that person happens to be on *275 premises where an authorized narcotics search is taking place.
Id.
at 93-94,
We need not get entangled in the asserted difference between a pat-down, a frisk and a shake. It is sufficient to note that
Ybarra
involved a public tavern where Ybarra was one of the patrons, not, as here, a residence where two brothers were present.
See Germany,
The trial court’s conclusion is consistent with common sense, as well as our holding in
Germany,
the Supreme Court cases discussed in
Germany,
and other precedents from this court. Namely, Officer Robinson and the other officers had a warrant to search for drugs in the residence where appellant was present and they had reason to believe, based on his apparent association with the criminal activity, that appellant might be armed and dangerous. As the government points out in its brief,
Germany
involved a search warrant that authorized police to search for both drugs and weapons, while the warrant in this case permitted a search only for drugs. However, we agree with the government that this factual distinction is not outcome determinative in light of our recognition, and the recognition of courts around the country, that drugs and weapons are often found together.
1
See, e.g., Upshur v. United States,
III.
Appellant also argues that even if Officer Robinson had the requisite reasonable suspicion to conduct the Terry search, the officer exceeded the bounds of a permissible Terry search when he shook ap *276 pellant’s belt. The government contends, however, that this belt shaking did not violate appellant’s Fourth Amendment rights because the intrusion was slight and the “strong government interest in protecting officer safety in a situation where a pat-down for weapons of the outer clothing [ ] would have been ineffective and incom- . píete” outweighed appellant’s interest in keeping his belt-area private. The government contends that a traditional pat-down would have been ineffective because appellant was wearing a belt and in Officer Robinson’s experience a belt can conceal a weapon. The trial court agreed with this line of reasoning, crediting the testimony of Officer Robinson that, in his experience, there is a risk that a weapon could be hidden between an individual’s belt and pants. The court concluded:
The evidence here establishes that the pat-down was no more intrusive than reasonably necessary to protect the safety of the offiсers in the house. Based on his experience, Officer Robinson reasonably believed that [appellant] might have [had] a weapon under his belt and that shaking his belt would reveal any such weapon.
“In reviewing a trial court order denying a motion to suppress, the facts and all reasonable inferences therefrom must be viewed in favor of sustaining the trial court ruling.”
Peay,
In
Terry,
the Supreme Court articulated a fundamental axiom in search and seizure cases to assess the reasonableness of a police officer’s protective pat-down for weapons: “would the facts available to the officer at the moment of the seizure or the search warrant a man of reasonable caution in the belief that the action taken was apрropriate?”
When determining that Officer Robinson’s actions were reasonable, the trial court focused on the offiсer’s testimony that he was not searching for drugs when he shook appellant’s belt, that he had found a gun on an individual in the past, and that he always shakes the belt when conducting protective pat-downs because somebody could be hiding a weapon “between the belt and the pants.” The trial court then made the factual determination that Officer Robinson believed that shaking appellant’s belt was necessary to effectuate the protective pat-down. This factual determination is afforded a great deal of deference by this court.
See Davis v. United States,
Moreover, even in the absence of explicit findings about the size of appel
*277
lant’s belt or buckle, we are mindful that where no exрress findings are made, our job is to “determine if the denial of the motion to suppress is supportable under any reasonable view of the evidence.”
Brooks v. United States,
Appellant relies largely on
United States v. Askew,
381 U.S.App. D.C. 415,
Here, Officer Robinson did not remove or peel back any of appellant’s attire to expose what lay underneath. The officers in Askew unzipped the appellant’s jacket for the sole purpose of gathering evidence, i.e., a positive eyewitness identification based on a matching sweatshirt, not of protecting their own safety. Contrary to appellant’s assertion that this shaking exceeded what was necessary to determine if he was armed, Officer Robinson testified that in his experience, a person can conceal a weapon “in between the belt and the pants.”
Miles
involved police manipulation of a small box inside of the appellant’s clothing during a
Terry
pat-down.
In light of the record before us, and of our standard of review, we affirm appellant’s conviction.
Affirmed.
Notes
. The government also points out that "in the search-warrant affidavit Officer Jordan stated that there was probable cause to believe that ‘illegal weapons' would be found in the residence as well.” This provides added support for the trial court’s conclusion that Officer Robinson had a reasonable articulable basis to frisk appellant.
