C.A.M. v. State

ON MOTION FOR REHEARING

FARMER, J.

In denying the motion for rehearing, we write to explain why Minnesota v. Dickerson, 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993), does not require a different result. Dickerson addressed the question “whether the Fourth Amendment permits the seizure of contraband detected through a police officer’s sense of touch during a protective patdown search.” 508 U.S. at 368, 113 S.Ct. 2130. In that case, the Minnesota Supreme Court had held that the “plain view” doctrine should not be extended to include contraband detected through an exercise of the sense of…