Phillips v. Commonwealth

Opinion

COLEMAN, J.

In this criminal appeal, we hold that a police officer did not violate the Fourth Amendment when he opened a closed pouch discovered on James Phillips during a pat-down search because the officer reasonably believed that the pouch may have contained a weapon that posed a threat to him or to the public. Therefore, we uphold the trial judge’s decision to admit into evidence the drug paraphernalia found inside Phillips’ pouch as evidence obtained pursuant to a lawful search. Accordingly, Phillips’ conviction of heroin possession is affirmed.

On October 9, 1991, Prince William…