plain feel doctrine (North Carolina) · Go Syfert
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plain feel doctrine in North Carolina

9 North Carolina opinions name it 1 courts 2000–2021 2 in the last five years

The cases below were cited by North Carolina 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.

Followed or applied (7)

CaseFollowedCited
State v. Beveridgegreen
ncctapp · 1993 · cited in 3 North Carolina opinions naming this issue, 2019–2021
2 sentences

2021App. 688, 696 , 436 S.E.2d 912, 916 (1993), aff’d per curiam, 336 N.C. 601 , 444 S.E.2d 223 (1994) (declining to apply the plain feel exception where the officer conducted an external frisk and then exceeded the scope of that permissible frisk by asking the defendant to empty the contents of his pockets and where the officer’s testimony did not establish the object was immediately recognizable as contraband during the frisk).

2021App. 688, 696 , 436 S.E.2d 912, 916 (1993), aff’d per curiam, 336 N.C. 601 , 444 S.E.2d 223 (1994) (declining to apply the plain feel exception where the officer conducted an external frisk and then exceeded the scope of that permissible frisk by asking the defendant to empty the contents of his pockets and where the officer’s testimony did not establish the object was immediately recognizable as contraband during the frisk).

23
State v. Briggsgreen
ncctapp · 2000 · cited in 3 North Carolina opinions naming this issue, 2001–2009
2 sentences

2009App. 484, 489 , 536 S.E.2d 858, 861 (2000) (“[I]f after feeling the object, the officer lacks probable cause to believe that the object is contraband without conducting some further search, the ‘immediately apparent’ requirement has not been met and the plain feel doctrine cannot justify the seizure of that object.”).

2008App. 484 , 536 S.E.2d 858 (2000), this Court addressed this "immediately apparent" requirement within the context of the plain feel doctrine and concluded that "the best approach for analyzing the issue is a totality of the circumstances inquiry." State v. Green, 146 N.C.

13
Minnesota v. Dickersongreen
scotus · 1993 · cited in 2 North Carolina opinions naming this issue, 2000–2009
2 sentences

2009According to the plain feel doctrine, when conducting a Terry frisk, “[i]f a police officer lawfully pats down a suspect’s outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons . . . .” Minnesota v. Dickerson, 508 U.S. 366, 375 , 124 L.

2009According to the plain feel doctrine, when conducting a Terry frisk, “[i]f a police officer lawfully pats down a suspect’s outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons . . . .” Minnesota v. Dickerson, 508 U.S. 366, 375 , 124 L.

12
State v. Richmondgreen
ncctapp · 2011 · cited in 1 North Carolina opinions naming this issue, 2019–2019
1 sentence

2019App. 475, 481 , 715 S.E.2d 581, 585-86 (2011) (“[U]nder the plain feel doctrine, to conduct a search an officer need only have probable cause to believe the object felt during the pat down was contraband before he seized it, not that he determine the specific controlled substance before taking action. . . . [T]he probable cause determination[ ] involves more of a common-sense determination considering evidence as understood by those versed in the field of law enforcement.”) (internal quotation marks and citations omitted).

11
State v. Williamsgreen
ncctapp · 2009 · cited in 1 North Carolina opinions naming this issue, 2012–2012
2 sentences

2012“According to the plain feel doctrine, when conducting a Terry frisk for weapons, if a police officer lawfully pats down a suspect’s outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons.” State v. Williams, 195 N.C.

2012App. 554, 560 , 673 S.E.2d 394, 398 (2009).

11
State v. Robinsongreen
ncctapp · 2008 · cited in 1 North Carolina opinions naming this issue, 2011–2011
1 sentence

2011See id.

11
State v. Greengreen
ncctapp · 2001 · cited in 1 North Carolina opinions naming this issue, 2008–2008
2 sentences

2008App. 484 , 536 S.E.2d 858 (2000), this Court addressed this "immediately apparent" requirement within the context of the plain feel doctrine and concluded that "the best approach for analyzing the issue is a totality of the circumstances inquiry." State v. Green, 146 N.C.

2008App. 702, 707 , 554 S.E.2d 834, 837 (2001).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Wilsongreen
ncctapp · 1993 · cited in 1 North Carolina opinions naming this issue, 2000–2000
1 sentence

2000But cf. State v. Wilson, 112 N.C.

11

Also cited on this issue (5)

CaseCitedYears
Clark v. Velsicol Chemical Corp. neutral
nc · 1994
2 sentences

2021App. 688, 696 , 436 S.E.2d 912, 916 (1993), aff’d per curiam, 336 N.C. 601 , 444 S.E.2d 223 (1994) (declining to apply the plain feel exception where the officer conducted an external frisk and then exceeded the scope of that permissible frisk by asking the defendant to empty the contents of his pockets and where the officer’s testimony did not establish the object was immediately recognizable as contraband during the frisk).

2021App. 688, 696 , 436 S.E.2d 912, 916 (1993), aff’d per curiam, 336 N.C. 601 , 444 S.E.2d 223 (1994) (declining to apply the plain feel exception where the officer conducted an external frisk and then exceeded the scope of that permissible frisk by asking the defendant to empty the contents of his pockets and where the officer’s testimony did not establish the object was immediately recognizable as contraband during the frisk).

22021–2021
State v. Beveridge neutral
nc · 1994
2 sentences

2021App. 688, 696 , 436 S.E.2d 912, 916 (1993), aff’d per curiam, 336 N.C. 601 , 444 S.E.2d 223 (1994) (declining to apply the plain feel exception where the officer conducted an external frisk and then exceeded the scope of that permissible frisk by asking the defendant to empty the contents of his pockets and where the officer’s testimony did not establish the object was immediately recognizable as contraband during the frisk).

2021App. 688, 696 , 436 S.E.2d 912, 916 (1993), aff’d per curiam, 336 N.C. 601 , 444 S.E.2d 223 (1994) (declining to apply the plain feel exception where the officer conducted an external frisk and then exceeded the scope of that permissible frisk by asking the defendant to empty the contents of his pockets and where the officer’s testimony did not establish the object was immediately recognizable as contraband during the frisk).

22021–2021
State v. Streeter green
ncctapp · 1972
1 sentence

2011In explaining the “plain feel” doctrine, we have stated that [i]f during “[a] limited weapons search, contraband or evidence of a crime is of necessity exposed, the officer is not required by the Fourth Amendment to disregard such contraband or evidence of crime.” State v. Streeter, 17 N.C.

12011–2011
Terry v. Ohio green
scotus · 1968
1 sentence

2009Ed. 2d 889 , 88 S. Ct. 1868 (1968), we conclude that the trial court did not apply the correct legal standard in determining whether the officer’s seizure of contraband during the frisk was constitutional under the plain feel doctrine.

12009–2009
State v. Benjamin green
ncctapp · 1996
1 sentence

2000Id.

12000–2000

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 90-95 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 67 (1995–2026) OH 53 (1993–2025) MI 13 (1996–2026) GA 12 (1997–2025) KS 12 (1996–2024) NJ 11 (1999–2026) TX 10 (1995–2021) IA 9 (2007–2022) FL 9 (1995–2012) NC 9 (2000–2021) AL 8 (1997–2013) LA 8 (1996–2025) IN 7 (1995–2023) MD 7 (1987–2026) VA 5 (1998–2026) KY 5 (2001–2025) NE 5 (1997–1999) NM 4 (2003–2019) DC 4 (1996–2025) AZ 4 (2000–2015) TN 4 (1997–2011) MN 3 (2009–2015) CT 2 (2001–2006) SC 2 (2001–2012) VT 2 (2009–2009) CA 2 (2015–2016) MA 2 (2004–2025)

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.

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