What must an officer articulate to conduct a protective search of a motor vehicle?

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To conduct a protective search of a motor vehicle, an officer must articulate a reasonable suspicion that the vehicle contains a weapon. This standard is rooted in the need for officer safety during interactions with individuals in a vehicle, particularly when they have reason to believe that a dangerous weapon may be present.

Reasonable suspicion is a legal standard that is lower than probable cause but still requires specific and articulable facts that would lead a reasonable officer to believe that a weapon may be present. This standard is grounded in the principles set forth in the case law, particularly the Terry v. Ohio decision, which allows for limited searches when an officer believes their safety is at risk. Therefore, if an officer observes behavior or circumstances that suggest the potential presence of a weapon, this justifies a protective search to ensure their safety and that of the public.

In this context, the other options do not meet the legal requirements for conducting a protective search. For instance, merely having a belief about illegal drugs or involvement in a crime does not directly justify concerns for immediate safety. Similarly, a driver's criminal record alone does not provide sufficient grounds for a protective search unless it is specifically related to concerns regarding weapons present in the vehicle.

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