Requirements to Pat Down a Person Stopped on the Street
In State v. Tucker, supra, on which the State relies, there were numerous facts, in addition to the officer's prior knowledge of the defendant, taken into consideration by this court in upholding the pat down frisk of the defendant:
(1) the officer's knowledge that the defendant habitually carried weapons;
(2) the fact that the defendant was stopped on a motorcycle immediately after a call concerning a burglary in which the suspect was riding a motorcycle;
(3) there were no other motorcycles in the area; and, perhaps most significantly;
(4) the officer's testimony that he saw a bulge in the defendant's coat pocket which he thought may be a weapon.
See State v. Hunter, 375 So. 2d 99 (La. 1979); State v. Willis, 31,561 (La. App. 2d Cir. 1/20/99), 728 So. 2d 493; State v. Drake, 31,528 (La. App. 2d Cir. 1/20/99), 733 So. 2d 33; State v. Owens, 26,952 (La. App. 2d Cir. 5/10/95), 655 So. 2d 603; State v. Jackson, 26,138 (La. App. 2d Cir. 8/17/94), 641 So. 2d 1081; State v. Leary, supra.