Minnesota v. Dickerson, 508 U.S. 366 (1993)

Facts

Two officers were patrolling and noticed Dickerson leaving an apartment building where there had been previous reports of drug sales.  When Dickerson saw the officers, he turned and walked the opposite direction into an alley.  The officers ordered him to stop and while frisking him, felt, what they thought was, crack cocaine.  The officer reached in Dickerson’s pocket and removed the crack cocaine.

Procedural History

The trial court denied the motion to suppress under the plain-view doctrine.  The Court of Appeals reversed and the Minnesota Supreme Court affirmed the Court of Appeals.

Issue(s)

Can officers seize nonthreatening contraband detected during a protective patdown search of the sort permitted by Terry?

Holding(s)

Yes, so long as the search stays within the bounds of Terry.

Reasoning/Analysis

The Court found that if a police officer lawfully pats down a suspect’s outer clothing and feels an object whose contour makes its identity immediately apparent, there has been no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons.  Under the record, however, it is clear that the police officer in this case overstepped the bounds of the strictly circumscribed search for weapons allowed under Terry.  The officer determined that the lump was contraband only after squeezing, sliding and otherwise manipulating the contents of the defendant’s pocket - a pocket which the officer already knew contained no weapon.

Judgment/Outcome

The court affirmed the judgment of the Minnesota Supreme Court.