State v. Cosby

Phipps, Judge.

Gene Cosby, Jr., was indicted for burglary. The trial court granted Cosby’s motion to suppress twenty-four rings and three pairs of earrings seized from his pocket, on the ground that their seizure exceeded the scope of a pat-down search performed under Terry v. Ohio. The state appeals, arguing, inter alia, that the plain feel doctrine set forth in Minnesota v. Dickerson 2 authorized the officer to seize the jewelry after feeling it during the pat-down search. Finding that the seizure was authorized, we reverse.

The pertinent evidence is uncontroverted, and no question regarding…