York Heroine
York Heroine
What would you like to ask?A police officer patrolling in downtown New York City saw a defendant “continually?
A police officer patrolling in downtown New York City saw a defendant “continually from the hours of 4:00 p.m. to 12:00 midnight.” During the course of the evening, the officer saw the defendant talking to up to 12 people, all of whom the officer knew from experience were narcotic addicts. The officer did not overhear any of the conversations, nor did he see anything pass between the defendant and the people. The officer approached the defendant in a restaurant and told him to come outside. Outside, the officer said to the defendant, “You know what I am after.” The defendant “mumbled something and reached into his pocket.” The officer also thrust his hand into the same pocket of the defendant and came out with several glassine envelopes, which contained heroine. Was the heroin lawfully obtained in an authorized search? Can the heroine be used as evidence in charging the defendant with possession of heroin?
You are pretty much describing a Terry Stop. The offender reached into his pocket, giving the officer the right to also do so in order to prevent him from grabbing a weapon. So, this actually is not a search and the heroin is certainly admissible in court.
here is a link describing a Terry Stop.
http://en.wikipedia.org/wiki/Terry_v._Ohio
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