Alfaro (Albert) v. State ( 2014 )


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  •                          , 
    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
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Document Info

Docket Number: 65919

Filed Date: 12/11/2014

Precedential Status: Non-Precedential

Modified Date: 4/17/2021