Alfaro (Albert) v. State

• Court: Nevada Supreme Court
• Decided: December 11, 2014
• Docket: 65919
• Status: Unpublished

Opinion

, 260 P.3d 184, 188 (2011); (2) Alfaro's "gang-related tattoos and visible weapon supported the police officer's reasonable belief that [he] could be armed and pose a risk to officer safety," see Terry v. Ohio, 392 U.S. 1, 27 (1968); Somee, 124 Nev. at 442, 187 13.3d at 158; see also Cortes, 127 Nev. at , 260 P.3d at 189 (holding that "the presence of a knife in plain view in a lawfully stopped car contributes to reasonable suspicion that other weapons may be present, making the person armed and dangerous even if the knife is moved out of reach"); and (3) the "protective pat-down to check for additional weapons was reasonable and justified under the factual circumstances surrounding [Alfaro's] stop," see NRS 171.1232(1). We agree and conclude that the district court did not err by denying Alfaro's motion to suppress. Accordingly, we ORDER the judgment of conviction AFFIRMED.

cc: Hon. Valerie Adair, District Judge Michael H. Schwarz Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT CF NEVADA 2 (0) [947A saeo