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Home / Opinion Digests / Search & Seizure – Probable Cause – Public Intoxication – Stop & Frisk (access required)

Search & Seizure – Probable Cause – Public Intoxication – Stop & Frisk (access required)

Although police had probable cause to arrest defendant for public intoxication when they first approached him, they did not make that arrest but instead searched the contents of his pocket during a "stop and frisk," and because their actions exceeded the scope of a Terry stop, the marijuana found in a cigarette pack in defendant's ...