What constitutes a search and seizure of a digital scale?

In this case, the officer had not yet handcuffed defendant when he observed the digital scale in his pocket, but rather had initiated the handcuffing process by directing defendant to place his hands above his head. For purposes of evaluating the level of intrusion on defendant's liberty interest under the Fourth Amendment, we will assume that this was tantamount to his being handcuffed. (See Florida v. Royer (1983) 460 U.S. 491, 496 [103 S.Ct. 1319, 75 L.Ed.2d 229] [the nature of the detention depends on the scope of the invasion on a person's liberty interest].) Even with this assumption, we find no constitutional violation here.