Commonwealth v. Fink

I most readily join my learned colleagues in their disposal of many of the issues presented in this matter. Nevertheless, as I believe that Officer Whiteman’s seizure of the marijuana pipe was wholly appropriate, I must respectfully dissent. It is settled that officers are justified in seizing non-threatening contraband detected through “Plain feel” during a weapons frisk if “the incriminating nature of the contraband [is] immediately apparent.” Interest of B.C., 453 Pa.Super. 294, 305, 683 A.2d 919, 925 (1996)(emphasis original). Instantly, the trial court concluded that the incriminating…