A Secret Service agent who stopped a suspected counterfeiter and patted him down was able to conclude that the wad of cash in the pocket was immediately apparent as counterfeit money. United States v. Smith, 2010 U.S. Dist. LEXIS 112499 (W.D. Tenn. August 16, 2010):<\/p>\n
While Agent Davis did not testify specifically about his personal observations when he felt the wad of cash in Smith’s pocket, it is reasonable to believe that a Secret Service agent investigating a person for passing counterfeit would immediately recognize the feel of a wad of cash in the person’s pocket and believe that it was incriminating evidence. In United States v. Bustos-Torres<\/a>, 396 F.3d 935 (8th Cir. 2005), an officer observed what he believed to be a drug transaction, and as he conducted a Terry frisk of defendant Alfaro for weapons, the officer came across two wads of bills in Alfaro’s pockets, which the officer seized. On appeal, the Court of Appeals considered whether the officer had probable cause to seize the money, that is, whether the bills, by their mass and contour, were immediately identifiable to the officer’s touch as incriminating evidence. The court, “[p]ondering the question with a dose of common sense,” held that the officer had probable cause to seize the money based on his prior observation of a possible drug transaction and the large number of bills in Alfaro’s pockets. Id. at 945.<\/p><\/blockquote>\n
Where there were three consensual home visits by CPS before plaintiffs refused a fourth entry, there was no Fourth Amendment violation. Breakwell v. Allegheny County Departement of Human Servs.<\/a>, 406 Fed. Appx. 593 (3d Cir. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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