The Facts of Minnesota v. Dickseron:
Near a house police considered to be a place of cocaine traffic, officers
spotted a man walking toward them. When eye contact was made the man turned and
walked away down an alley. the police pursued and stopped and searched the
suspect. During the pat down search to be sure the accused had no weapons, an
officer felt a lump in the man's jacket pocket. He removed it and discovered it
was a piece of crack cocaine. The man was charged with possession of a
controlled substance. At trial court the accused move to suppress the cocaine
but the motion was denied. The court said that Terry v. Ohio (1968) held that
police had the right to stop a someone suspected of being engaged in criminal
activity and to search the suspect for a weapon and that the officer's seizure
took place after the officer formed the opinion that the lump was cocaine by
feeling. The accused was found guilty. On appeal, the Minnesota Court of Appeals
reversed. They (1) concluded that the seizure was unconstitutionally under Terry
v. Ohio and (2) declined to adopt a "plain feel" exception to the Fourth
Amendment's warrant requirement. On further appeal, the Minnesota Supreme Court
affirmed, expressing the view that: (1) the "plain view" exception to the
warrant requirement did not extend to the sense of touch and, further, (2) that
the officer did not immediately recognize the substance by touch but had engaged
in squeezing, sliding and otherwise manipulating the contents of the pocket.
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