Was the search (entry) into Cost's pocket constitutional?

Police officer Davis, assigned as a housing authority agent, was patrolling a residential complex around 12:40 a.m. in December. He approached Darrio Cost, sitting in the passenger seat of a vehicle in a parking lot designated for housing complex residents. Cost immediately reached across his body toward his left front pants pocket. Davis asked Cost what he was reaching for, but Cost did not answer. Davis told Cost to get away from his pocket, but Cost reached toward the pocket again. Davis then directed Cost to exit the vehicle. Upon exiting the vehicle, Cost immediately told Officer Davis, "You can't search me, but you can pat me down." Davis conducted a "pat down" search of Cost for concealed weapons. In doing so, Davis immediately frisked the left front pants pocket toward which Cost had been reaching. When Davis touched the pocket, he felt numerous capsules inside. Davis reached into Cost's pocket and removed a plastic bag containing twenty capsules. Subsequent analysis of the contents of those capsules showed that they contained heroin. Davis contended that upon feeling the capsules in Cost's pocket he "knew" that they were heroin because "through my training and experience, I know that that's what heroin is packaged in." On crossexamination, Davis admitted that over-the-counter medications such as "Motrin, Tylenol, or something along those lines" are sometimes "packaged in capsules."
What will be an ideal response?


NO

Criminal Justice

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