Experimental. Doctrines is a new Annlex feature, starting with four areas: Self-incrimination, Brady, Terry and Miranda. Each page collects what courts have said about a leading case, quoted from the opinions that cite it. Annlex Chat uses these collections to help find relevant cases; what a case holds still comes from its opinion. We'd like to hear what's useful, missing or wrong: Send feedback
Terry frisk scope — pat-down prerequisite to pocket intrusion
Leading case
Sibron v. New York, 392 U.S. 40 (1968)
How courts have described it
holding that an officer who reached into a pocket and found narcotics without first detecting a weapon exceeded the bounds of a lawful Terry search
United States v. Paul Johnson, Jr., 921 F.3d 991 (11th Cir. 2019)
reaching into suspect’s pocket in search of evidence rather than a weapon is more intrusive than a Terry “frisk” for weapons and cannot be sustained on less than probable cause
United States v. Steven Dale Winsor, 846 F.2d 1569 (9th Cir. 1988)
holding that where an officer made no “limited exploration for arms” and simply thrust his hand into the defendant’s pocket, the search exceeded the scope of Terry
Cooper v. City of New Rochelle, 925 F. Supp. 2d 588 (S.D.N.Y. 2013)
holding that reaching into pockets without first conducting a pat down search was improper under the circumstances
State v. Williams, 312 S.W.3d 276 (Tex. App. 2010)
invalidating a frisk based solely on an officer’s belief that a person had drugs on his person in companion ease to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968)
State v. Wilkinson, 216 P.3d 973 (Utah Ct. App. 2009)
Related doctrines
- Informant's tip as reasonable suspicion for Terry stop and protective frisk
- Protective sweep of a vehicle's passenger compartment (vehicle frisk)
- Reasonable, Articulable Suspicion for Stops and Frisks
About this page
The quotations above are from court opinions that cite the leading case, in each court's own words. The heading is a short label Annlex generated from those quotations. It has not been reviewed by a lawyer and is not legal advice.