Court: |
US Supreme Court |
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Facts: |
Dickerson is acts evasively around the cops, so they decide to
stop and investigate. They pat him down, and there's a lump
in his pocket. They realized, by feel, that it might be
drugs, and so it turned out to be. Charged with possession
of a controlled substance. |
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Posture: |
Guilty at trial, with the drugs admitted, in spite of a motion
to suppress. MN Supreme Court suppresses the evidence. State
appeals. |
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Issue: |
Does the Fourth Amendment permit the seizure of contraband detected
by touch during a protective patdown search? |
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Holding: |
No. MN Supreme Court is affirmed. |
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Rule: |
If the search stayes with the bounds authorized by Terry,
it is OK; otherwise it is not. |
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Reasoning: |
Terry is the standard for stop-and-frisk. The officers
were lawfully present in the pocket in order to look for
weapons. They didn't think this was a weapon, so there was
no grounds for pulling it out of his pocket, which was the
point at which they realized it was cocaine. There's no
"plain touch" exception analogous to plain view. |
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Dicta: |
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