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STATE v. SMITH

No. 142, Sept.Term, 1995.

693 A.2d 749 (1997)

345 Md. 460

STATE of Maryland v. William L. SMITH.

Court of Appeals of Maryland.

Reconsideration Denied June 9, 1997.

Attorney(s) appearing for the Case

Thomas K. Clancy, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for Petitioner.

Bradford C. Peabody, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), for Respondent.

Argued before BELL, C.J., ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI and RAKER, JJ., and ROBERT C. MURPHY, Judge (retired), Specially Assigned.

CHASANOW, Judge.

We are called upon in this case to examine the permissible scope of a protective frisk for concealed weapons during the noncustodial detention of an individual suspected of being armed and dangerous. The specific question before the Court is whether a police officer, after patting down a suspect's outer clothing and detecting no weapons, may further verify that a suspect is unarmed by lifting the suspect's shirt to reveal the waistband of his pants...

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