Reference no: EM133813812

Question

Police officer Amy Wokowski sees an automobile traveling with a defective headlight. Officer Wokowski pulls the car over to issue a citation for "defective equipment." In order to accomplish the stop, Officer Wokowski turns on her lights and siren. The driver of the car (Herman Galway) immediately stops. Officer Wokowski exits her vehicle and begins approaching Galway's vehicle. As she does, Galway exits his vehicle. Wokowski immediately notices a "bulge" in Galway's suit coat that is suggestive of the existence of a revolver inside the jacket. Wokowski immediately decides to subject Galway to a stop and frisk. During the stop and frisk, Officer Wokowski discovers that Galway is carrying a concealed revolver. Under state law, it is illegal for a motorist to carry a concealed weapon even with a permit (which Galway does not have). As a result, Officer Wokowski places Galway under arrest for carrying a concealed weapon. At his trial, Galway claims that Officer Wokowski obtained the revolver as a result of an illegal search, and therefore that the revolver should be excluded from evidence at his trial for possession of a concealed weapon. Under the circumstances, was it permissible for Officer Wokowski to subject Galway to a stop and frisk? Please write a short essay discussing the permissibility of Officer Wokowski's actions under the stop and frisk exception to the warrant requirement.