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State v. Byrd — Second District Court of Appeals (Champaign,
Clark, Darke, Greene, Miami, and Montgo  Law Enforcement
Bulletin   State v. Byrd — Second District Court of Appeals
(Champaign, Clark, Darke, Greene, Miami, and Montgomery
counties), June 15, 2012   Question: Is an officer’s pat-down
constitutional when a suspected gang member is stopped in a high
crime area and admits to having marijuana in his pants pocket?
Quick answer: No, not without any particularized suspicion that
the suspect is armed or presents a danger to officers.  Facts:
Officers were patrolling a neighborhood known for drug
trafficking and gang activity when they observed defendant
Rodney Byrd committing a jaywalking violation. Based on previous
interactions in the neighborhood and information from the law
enforcement database, officers learned that Byrd was an alleged
member of a violent gang, that he allegedly had run a “dope
house” in the past, and that others reported h