The Supreme Court in Terry v. Ohio (1968) set guidelines, in sequence, for both a stop and a frisk. If a police officer goes beyond the guidelines for the frisk, and reaches his hand into a suspect's coat pocket and pulls out a baggie containing a white powdery substance, that lab results identify as cocaine, will the prosecution be able to use the cocaine? Why or why not? What could the officer
have done differently?
What will be an ideal response?
The prosecution will not be able to use the cocaine, because a frisk is for weapons,
not for drugs. Any evidence found in such a search (that is more than a frisk for
weapons) would be an unreasonable search and seizure and subject to the
Exclusionary Rule. The officer should have conducted a frisk for weapons, then
asked the suspect to empty his pockets, seeking consent for the search.
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