10 Texas opinions name it 1 courts 1995–2021 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Minnesota v. Dickersongreen2 sentences2018As explained above, the plain feel doctrine permits an officer who is legitimately conducting a Terry frisk to seize an item “whose identity is already plainly known through the officer’s sense of touch.” Carmouche, 10 S.W.3d at 330 (citing Dickerson, 508 U.S. at 377 , 113 S. Ct. at 2138 ). 2018As explained above, the plain feel doctrine permits an officer who is legitimately conducting a Terry frisk to seize an item “whose identity is already plainly known through the officer’s sense of touch.” Carmouche, 10 S.W.3d at 330 (citing Dickerson, 508 U.S. at 377 , 113 S. Ct. at 2138 ). | 3 | 5 |
Graham v. Stategreen2 sentences2014Dickerson, 508 U.S. at 378 , 113 S.Ct. 2130 ; see also Graham v. State, 893 S.W.2d 4, 8 (Tex.App.-Dallas 1994, no pet.). 2000State v. Davis, 988 S.W.2d 466, 467 (Tex.App.— Houston [1st Dist.] 1999, no pet.); In re L.R., 975 S.W.2d 656, 659 (Tex.App.—San Antonio 1998, no pet.); Graham v. State, 893 S.W.2d 4, 8 (Tex.App.—Dallas 1994, no pet.); Campbell v. State, 864 S.W.2d 223, 226 (Tex.App.—Waco 1993, pet. ref'd); see also Dickerson, 508 U.S. at 378-79 , 113 S.Ct. 2130 (analogizing the plain feel exception to the plain view exception, which requires that the incriminating nature of the items be immediately apparent). | 3 | 4 |
Campbell v. Stategreen2 sentences2000State v. Davis, 988 S.W.2d 466, 467 (Tex.App.— Houston [1st Dist.] 1999, no pet.); In re L.R., 975 S.W.2d 656, 659 (Tex.App.—San Antonio 1998, no pet.); Graham v. State, 893 S.W.2d 4, 8 (Tex.App.—Dallas 1994, no pet.); Campbell v. State, 864 S.W.2d 223, 226 (Tex.App.—Waco 1993, pet. ref'd); see also Dickerson, 508 U.S. at 378-79 , 113 S.Ct. 2130 (analogizing the plain feel exception to the plain view exception, which requires that the incriminating nature of the items be immediately apparent). 1995See Graham v. State, 893 S.W.2d at 7-8 ; Campbell v. State, 864 S.W.2d 223 (Tex.App.— Waco 1993, pet. ref'd). | 1 | 2 |
Carmouche v. Stategreen2 sentences2018Carmouche, 10 S.W.3d at 330 (“[I]f the protective search goes beyond what is necessary to determine if the suspect is armed, it is no longer valid under Terry and 8 its fruits will be suppressed.”) (quoting Dickerson, 508 U.S. at 373 , 113 S. Ct. at 2136 ). 2018As explained above, the plain feel doctrine permits an officer who is legitimately conducting a Terry frisk to seize an item “whose identity is already plainly known through the officer’s sense of touch.” Carmouche, 10 S.W.3d at 330 (citing Dickerson, 508 U.S. at 377 , 113 S. Ct. at 2138 ). | 1 | 1 |
Rakas v. Illinoisgreen2 sentences2016App.) (quoting Rakas v. Illinois, 439 U.S. 128, 134 , 99 S. Ct. 421, 425 (1978)), cert. denied, 531 U.S. 980 (2000). 2016App.) (quoting Rakas v. Illinois, 439 U.S. 128, 134 , 99 S. Ct. 421, 425 (1978)), cert. denied, 531 U.S. 980 (2000). | 1 | 1 |
Hughes v. Stategreen1 sentence2016App. 2009) (stating that under the plain-feel doctrine an officer conducting a frisk may seize an object whose contour or mass makes its identity immediately apparent as contraband). 4 24 S.W.3d 833, 838 (Tex. Crim. | 1 | 1 |
Farmer v. Stategreen1 sentence2014See Farmer v. State, 47 S.W.3d 187, 193-94 (Tex.App.-Texarkana 2001, pet. ref’d). 2 It is when the officer “already knew” or “ha[d] concluded” the relevant portion of the clothing “contained no weapon,” or the officer makes “no claim that he suspected th[e] object to be a weapon,” or the court finds such a claim not to be credible or reasonable based on the information available to the officer, that the safety justification disappears; then the plain feel doctrine of Dickerson becomes the remaining possible basis for a lawful warrantless seizure in the course of a pat-down search. | 1 | 1 |
Terry v. Ohiogreen1 sentence2007See Terry v. Ohio , 392 U.S. 1 (1968). 13. | 1 | 1 |
State v. Davisgreen1 sentence2000State v. Davis, 988 S.W.2d 466, 467 (Tex.App.— Houston [1st Dist.] 1999, no pet.); In re L.R., 975 S.W.2d 656, 659 (Tex.App.—San Antonio 1998, no pet.); Graham v. State, 893 S.W.2d 4, 8 (Tex.App.—Dallas 1994, no pet.); Campbell v. State, 864 S.W.2d 223, 226 (Tex.App.—Waco 1993, pet. ref'd); see also Dickerson, 508 U.S. at 378-79 , 113 S.Ct. 2130 (analogizing the plain feel exception to the plain view exception, which requires that the incriminating nature of the items be immediately apparent). | 1 | 1 |
Matter of LRgreen1 sentence2000State v. Davis, 988 S.W.2d 466, 467 (Tex.App.— Houston [1st Dist.] 1999, no pet.); In re L.R., 975 S.W.2d 656, 659 (Tex.App.—San Antonio 1998, no pet.); Graham v. State, 893 S.W.2d 4, 8 (Tex.App.—Dallas 1994, no pet.); Campbell v. State, 864 S.W.2d 223, 226 (Tex.App.—Waco 1993, pet. ref'd); see also Dickerson, 508 U.S. at 378-79 , 113 S.Ct. 2130 (analogizing the plain feel exception to the plain view exception, which requires that the incriminating nature of the items be immediately apparent). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Durwin Young v. State
green
1 sentence2021App. [Panel Op.] 1979) (rejecting the application of the plain view doctrine and 3 suppressing the pills found in an unlabeled brown prescription pill bottle because “[i]t was not immediately apparent to [the officer] that the bottle contained a controlled substance”)1; Young v. State, 563 S.W.3d 325 , 331–32 (Tex. App.— Houston [1st Dist.] 2018, pet. ref’d) (rejecting the application of the plain feel doctrine and suppressing the pills found in a pill bottled detected during pat down of Young because solely touching a pill bottle, “a common and typically benign object,” did not indicate it wa | 1 | 2021–2021 |
Florida v. Nixon
green
1 sentence2016App.) (quoting Rakas v. Illinois, 439 U.S. 128, 134 , 99 S. Ct. 421, 425 (1978)), cert. denied, 531 U.S. 980 (2000). | 1 | 2016–2016 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.