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Minnesota v. Dickerson (1993)

Facts of the Case

Facts of the Case

On November 9th 1989 Timothy Dickerson was leaving an apartment building known for cocaine trafficking. When he was recognized by police officers he turned the opposite direction. In reaction to that the officers ordered Dickerson to stop. They began to frisk him and that's when they spotted a lump on Dickersons jacket pocket.

The officer reached into his pocket because he beleived that Dickerson was trying to hide something. The lump did end up being a small bag of cocaine. Dickerson was charged with possession of a controlled substance.

Issue

Was the officer who frisked Dickerson adhering to the Fourth Amendment?

When a police officer spots contraband through sense of touch throughout a protective patdown search, does the Fourth Amendment authorize it's seizure and can it be used as evidence?

Holding

In an Unanimous decision, the court recalled that a police officer is permitted to seize contraband when it is in plane sight and when their incrimniating character is instantly evident.

Unanimous decison made by: Justice Rehnquist, White, Blackmun, Stevens, O'Conner, Scalia, Kennedy, Souter, Thomas

Holding

Reasoning

Reasoning

The court reasoned that tactile detection of contraband during a lawful pat-down does not act as an invasion of privacy so the warrantless seizure was acceptable.

In contrast, they also mentioned that the police officer who fricked Dickerson stepped outside the bounderies outlined in Terry v. Ohio.

A protective pat-down search is only required when there is detection of weapons. The police officer was already aware that Dickerson did not hold any weapons in his jacket.

https://www.youtube.com/watch?v=3tprwMjc-OA

References

Minnesota v. Dickerson. (n.d.). Oyez. Retrieved October 26, 2022, from https://www.oyez.org/cases/1992/91-2019

References

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