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Home / Opinion Digests / Criminal Law / Search of defendant’s pocket unlawful (access required)

Search of defendant’s pocket unlawful (access required)

Although initial detention and frisk of defendant were reasonable, the police lacked probable cause to remove a glass tube from the defendant’s pocket because it was not immediately apparent that the item was a weapon or contraband. Background At about 1:30 a.m. on Sept. 23, 2016, Officer Adam Komatz responded to a dispatch regarding a larceny at ...