My question involves criminal law for the state of: Washington
I was pulled over in the State of Washington. It was late at night, about midnight. The officer and i were discussing whether i was sober or not, i was explaining i was not but the officer was upset with me because i called him out for the reason of the stop. The officer said he would be willing to check my eyes, then i would be free to go. Because i was tired of the encounter, i obliged and stepped out of my vehicle. Before stepping out, i informed the officer i was not consenting to a search of my person and the officer agreed. Then after i got out of my car, the officer started patting my pockets, feeling against my arms, and touching my skin. I told the officer this was the search i did not consent to, but was told it was a pat down and not a search. As a result, I filed a formal complaint, internal investigations told me it was only a pat down.
So, what distinguishes between a legal pat down and a violation of my 4th amendment after i decline a search?