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eBook details

• Title: People State New York v. Robert Diaz
• Author : Supreme Court of Pennsylvania
• Release Date : January 08, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

The question is whether the warrantless search of defendants pocket was justified by information allegedly obtained by the police in conducting an authorized protective pat-down (see, Terry v Ohio, 392 US 1) which demonstrated that defendant was unarmed. The People urge that the warrantless search of the pocket was permissible under an extension of the plain view exception to the warrant requirement, sometimes referred to as the "plain touch" exception. For reasons to be explained, we reject the Peoples proposed extension of the plain view exception and conclude that justifying the warrantless search on the basis of the items felt during the protective pat-down would be contrary to both the State and Federal Constitutions (see, US Const 4th Amend; NY Const, art I, ? 12). Accordingly, there should be a reversal.

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