COUNTY CASE NO.: MM00-00715A-XX

WILSON MONTGOMERY CONNER,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

______________________

This is an appeal from the county court of Polk County, Judge Karla Wright presiding. Appellant, Wilson Montgomery Conner, by and through appellate counsel, argues that the trial court erred in denying his motion to suppress. This court has jurisdiction. Fla. R. App. P. 9.030(c). The ruling of the county court is affirmed.

Deputy Edwin Alexander of the Polk County Sheriff=s Department stopped the appellant=s vehicle on March 26, 2000, because the truck was missing a rear sliding window and side mirrors. (V2; T39) Having observed the vehicle, the officer believed that the appellant Afit the description of a suspect that was seen in a stolen vehicle the day prior.@ (V2; T34-35) The deputy called for a backup unit when he believed the person matched the Asuspect@ involved in a grand theft auto. (V2 ; T34-35) When the backup unit arrived, Deputy Alexander approached the appellant and asked him to step out of the vehicle. (V2; T39-40) At that point, the deputy conducted an officer safety patdown. (V2; T36) During the pat down, the officer discovered an Aunknown object@ in the appellant=s pants. (V2 T36) The deputy asked the appellant what the object was and the appellant reached into his pocket and pulled it out . (V2 T36) The appellant explained that it was a marijuana pipe and further explained that he had used it to smoke marijuana. (V2 T36-37) The appellant was then placed under arrest. The appellant argues that the trial court erred in denying the appellant=s motion to suppress because the deputy did not have a reasonable belief that the appellant was armed and the resulting pat-down search was improper.

A trial judge=s ruling on a motion to suppress is presumptively correct and will be affirmed if based upon competent substantial evidence. See Escobar v. State, 699 So. 2d 984, 987 (Fla. 1999); c.f., Ramirez v. State, 739 So. 2d 568 (Fla. 1999). To succeed on appeal, Appellant must show that the ruling of the trial court is not supported by competent evidence. Id. An appellate court will view the evidence and the inferences and deductions drawn therefrom by the trial court in a manner most favorable to sustaining the trial court=s ruling. Johnson v. State, 438 So.2d 774, 776 (Fla. 1983).

III.

An officer making a lawful investigatory stop may protect himself by conducting a search for concealed weapons whenever Ahe has reason to believe that the suspect is armed and dangerous.@ Adams v. Williams, 407 U.S. 143, 146, 92 S.Ct 1921, 1923, 32 L.Ed. 612 (1972). The deputy in this case testified that he observed the appellant driving a vehicle which was missing both a rear sliding window and side mirrors. He further testified that upon stopping the appellant he believed the appellant and the truck he was driving fit the description of a suspect and a truck involved in a grant theft auto which the deputy was briefed on the morning of the stop. Prior to exiting the vehicle and making contact with the appellant, the deputy called for back up. The appellant remained in the vehicle until the back up unit arrived. Once back up arrived, the deputy approached the appellant and asked him to step out of the vehicle. The deputy conducted a pat down search of the appellant. During the pat down, the officer discovered an Aunknown object@ in the appellant=s pants. The deputy asked the appellant what the object was and the appellant reached into his pocket and pulled it out . This court finds that the circumstances surrounding the stop support the officer=s belief that a further frisk for weapons was warranted. State v. Webb, 398 So.2d 820 (Fla. 1981); State v. Louis, 571 So.2d 1358 (Fla. 4^th DCA 1990). This court further finds that the officer did not exceed the scope of the search because the appellant voluntarily removed the pipe from his pocket and told the deputy that it was a marijuana pipe.

Accordingly, the order of the county court is AFFIRMED.

ORDERED this day of November 2001.

Charles B. Curry, Chief Judge