Minnesota v. Dickerson

Minnesota v. Dickerson
Minnesota v. Dickerson
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued March 3, 1993
Decided June 7, 1993
Full case name Minnesota v. Dickerson
Citations 508 U.S. 366 (more)
113 S. Ct. 2130; 124 L. Ed. 2d 334
Holding
The Fourth Amendment permits the seizure of contraband detected through a police officer's sense of touch during a protective patdown search.
Court membership
Case opinions
Majority White, joined by unanimous
Laws applied
U.S. Const. Amend. IV

Minnesota v. Dickerson, 508 U.S. 366 (1993),[1] was a 1993 Supreme Court of the United States case. Decided June 7, 1993, the Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon. By a 6-to-3 vote, however, the court held that the officer in this case had gone beyond the limits of a lawful patdown search before he could determine that the object was contraband, making the search and the subsequent seizure unlawful under the Fourth Amendment.

Associate Justice Byron White gave the opinion of the court.

Contents

Background

Dickerson was in a known drug area. An officer investigated by ordering a patdown of Mr. Dickerson to search for any weapons. During that search, he felt a small lump in his coat. Without further evidence, he reached in and grabbed the lump and found it was cocaine. In lower court, defendant Dickerson moved that the cocaine be suppressed as evidence because the officer violated his right against unreasonable search and seizure under the Fourth Amendment to the United States Constitution.

Ruling of the Courts

The Minnesota Court of Appeals reversed. In affirming, the state Supreme Court held that both the stop and the frisk of respondent were valid under Terry v. Ohio, 392 U. S. 1, but found the seizure of the cocaine to be unconstitutional. Refusing to enlarge the "plain-view" exception to the Fourth Amendment's warrant requirement, the court appeared to adopt a categorical rule barring the seizure of any contraband detected by an officer through the sense of touch during a patdown search. The court further noted that, even if it recognized such a "plain-feel" exception, the search in this case would not qualify because it went far beyond what is permissible under Terry. [2]

The U.S. Supreme Court unanimously agreed that the cocaine in this case was inadmissible as evidence even though the Court held that officers were allowed to assume that an object was contraband through touch. [3]

If a police officer lawfully pats down a suspect's outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect's privacy beyond that already authorized by the officer's search for weapons; if the object is contraband, its warrantless seizure would be justified by the same practical considerations that inhere in the plain-view context.

See also

References


Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Minnesota Lynx — 2011 Minnesota Lynx season Conference …   Wikipedia

  • Minnesota State University Moorhead — For the similarly named university in Kentucky, see Morehead State University. Minnesota State University Moorhead Motto Sacrifice, Service, Loyalty …   Wikipedia

  • Minnesota State University, Moorhead — Infobox University name =Minnesota State University Moorhead motto =Sacrifice, Service, Loyalty established =1887 type =Public endowment =$7.18 million staff =789 faculty =337 president =Edna Mora Szymanski, Ph.D. provost = principal = rector =… …   Wikipedia

  • Dez Dickerson — (born Desmond D andrea Dickerson in 1955 in Minneapolis, Minnesota[1]) is an American guitarist and singer who was a member of Prince s former band, The Revolution. Contents 1 Biography 2 Discography …   Wikipedia

  • List of people from Minnesota — This is a list of notable persons who were born or spent important time in the state of Minnesota. People not born in Minnesota are marked with §. Contents: Top · 0–9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z …   Wikipedia

  • Fourth Amendment to the United States Constitution — US Constitution article seriesThe Fourth Amendment (Amendment IV) to the United States Constitution is a part of the Bill of Rights. The Fourth Amendment guards against unreasonable searches and seizures, and was designed as a response to the… …   Wikipedia

  • List of United States Supreme Court cases, volume 508 — This is a list of all the United States Supreme Court cases from volume 508 of the United States Reports :* United States v. Idaho ex rel. Director, Idaho Dept. of Water Resources , ussc|508|1|1993 * Cisneros v. Alpine Ridge Group ,… …   Wikipedia

  • Search of persons — Police officers in various jurisdictions have power to search members of the public, for example, for weapons, drugs and stolen property. This article concerns searches of members of the public who have not been arrested and who are not held in… …   Wikipedia

  • List of National Football League records (individual) — This is a list of records set by individual players in various categories in the National Football League. Contents 1 Service 2 Scoring 2.1 Touchdowns 2.2 Points after touchdown …   Wikipedia

  • Adrian L. Peterson — Infobox NFLactive name=Adrian Peterson caption=Peterson during his tenure with the Oklahoma Sooners. currentteam=Minnesota Vikings currentnumber=28 currentposition=Running back birthdate=birth date and age|1985|3|21 birthplace=Palestine, Texas… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”