{"id":1659,"date":"2008-04-08T09:39:23","date_gmt":"2008-01-05T07:28:02","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-01-05T07:28:02","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1659","title":{"rendered":"Frisk for a knife did not permit opening a pill bottle"},"content":{"rendered":"

When defendant said that he had a knife as a Terry<\/em> frisk was about to start, a pill bottle could be removed from his pocket. Searching the pill bottle, however, was another matter, and Terry<\/em> did not justify that. Harris v. State<\/a>, 878 N.E.2d 534 (Ind. App. 2007):<\/p>\n

Officer Hood testified he removed the items from Harris’ pocket because he “needed to know what it was to ensure it wasn’t a weapon.” (Tr. at 102.) In order to preserve officer safety, police may remove an item whose identity is not immediately discernable by touch and that might be used as a weapon. See Owens v. State<\/em>, 497 N.E.2d 230, 232 (Ind. 1986). Harris told Officer Hood he had a pocketknife, and after placing Harris in handcuffs, Officer Hood needed to ensure he removed all potentially dangerous items. Accordingly, the removal of the pill bottle was permissible under Terry<\/em>.<\/p>\n

. . .<\/p>\n

However, Officer Hood’s warrantless search inside the pill bottle went beyond the scope permitted by Terry. Officer Hood testified he told Harris during this search “[he] was not under arrest\u2026[and was] being placed in handcuffs for his and my protection.” (Tr. at 121.) Harris was handcuffed, frisked, and all unknown items were taken from him. Once all unknown items were removed from Harris’ pocket, Officer Hood’s safety fears should have diminished, especially in light of the fact Harris was cooperating with the officer.<\/p><\/blockquote>\n

Denial of ownership of a knapsack during an alleged unlawful detention, which it wasn’t, was an abandonment, and the trial court properly found it abandoned. State v. Carey<\/a>, 975 So. 2d 27 (La. App. 5th Cir. 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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