Givens v. State

I would reverse and remand for a new trial in this case because Terry v. Ohio, 392 U.S. 1 (1968), does not authorize an officer to search a suspect’s pockets to retrieve an item that the officer knows is not a weapon. As noted by the majority, the purpose of a Terry search is to allow an officer to feel the outer portions of a suspect’s clothing to determine if the suspect has any weapons. However, a protective pat-down may not be used as a guise for a general search for evidence of criminal activity. See id. Once the officer determines that a suspect does not have any weapons, the protective…