{"id":1551,"date":"2008-02-03T13:24:04","date_gmt":"2007-11-25T15:20:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-11-25T15:20:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1551","title":{"rendered":"Plain feel did not reveal weapon, so opening small package was improper"},"content":{"rendered":"

Defendant’s placing her hand in her pocket during a stop and refusing to remove it justified a patdown for officer safety. The object, however, was obviously not a weapon, so opening it up was unreasonable, and the motion to suppress should have been granted. Sudduth v. State<\/a>, 288 Ga. App. 541, 654 S.E.2d 446 (2007):<\/p>\n

In this case, as stated above, the officer could not identify the object he felt as either a weapon, or by its contour and mass, contraband and thus the State concedes that the intrusion into Sudduth’s pocket was impermissible under these facts. <\/p><\/blockquote>\n

Defendant admitted to consenting to a search by the police of a trailer owned by his father that he used for an adulterous relationship. The police showed up at 3:45 a.m. looking for him, and he signed a consent to search the trailer, then contended that it was not his, he only occasionally used it, and the gun was not visible until the officers pulled it out. The officers testified that the gun was immediately visible on entering the trailer, so the defendant’s conviction of possession was affirmed. State v. Vassar<\/a>, 966 So. 2d 654 (La. App. 5th Cir. 2007), released for publication November 9, 2007.<\/p>\n","protected":false},"excerpt":{"rendered":"

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