People v. Day, 560 N.E.2d 482 (1990)

Facts

Percy stopped Day for speeding and radioing the license plate, Day exited his vehicle and the passengers inside the vehicle began to “jump around.”  Percy exited his vehicle to confront Day, and began his frisk.  He felt a small rectangular object that he thought may have been a razor blade wrapped in something.  After removing the package, he recognized the folding as a druggist fold and discovered cocaine inside. 

Procedural History

The trial court denied Day’s motion to suppress and Day was convicted for possession of cocaine.

Issue(s)

Did the trial court err in finding that the removal of an unknown rectangular object, and the subsequent search of the package, was not a violation of the Fourth Amendment?

Holding(s)

No.

Reasoning/Analysis

The Court found that the moving violation justified the stop and the attendant circumstances justified frisking Day.  As to the package, the officer need only demonstrate a substantial possibility defendant possessed an instrumentality which could be utilized to commit bodily harm.  As to the subsequent search of the contents, once the officer recognized the druggist fold, he had probable cause to search the contents.

Judgment/Outcome

The Court affirmed the judgment of the trial court.