NCJ Number
174380
Journal
Crime to Court Volume: lice Officer's Handbook (May 1998) Issue: Dated: Pages: -
Date Published
1998
Length
18 pages
Annotation
This review of The State v. Smith, decided by the South Carolina Court of Appeals (1998), focuses on the application of the plain-feel doctrine in a pat-down search; a discussion of procedure addresses safety principles in a van stop.
Abstract
After being convicted of simple possession of crack cocaine, which was discovered in a pat-down associated with a vehicle stop for speeding, as well as resisting arrest, Smith appealed the trial judge's denial of his motion to suppress evidence. The appeals court held that the incriminating character of the evidence seized was immediately apparent to the experienced officer who made the stop, based on the contour of the object, and Smith's affirmative response as to whether the substance in the bag was "reefer." Further, the court held that Russell's brief questioning did not exceed the permissible bounds of a "Terry" search. The discussion of security procedures for a van stop includes calling all suspects out of the van rather than assuming no one is left inside, having one of the suspects open the van's back doors so the officer can observe that everyone has exited the vehicle, waiting for a backup, and ordering all parties to the back of the patrol car so they are removed from access to any weapons that may be in the van.