State v. Morton, 204 N.C. App. 578 (Jun. 15, 2010)

On remand, the court held that officers did not exceed the scope of the frisk by confiscating a digital scale from the defendant’s pocket. An officer testified that he knew the object was a digital scale based on his pat-down without manipulation of the object and that individuals often carry such scales in order to weigh controlled substances. When asked, the defendant confirmed that the object was a scale. These facts in conjunction with informant tips that the defendant was engaging in the sale of illegal drugs are sufficient to support the trial court’s conclusion that the officer was reasonable and justified in seizing the scale.