People v. Diaz

Simons and Bellacosa, JJ.

(dissenting). We conclude that the seizure of drugs from defendant’s pocket was a search incident to arrest and therefore it was valid even in the absence of a warrant. Accordingly, we dissent.

As the majority concludes, defendant was lawfully subjected to a Terry frisk by the police. During that frisk, the officer felt what he believed to be drug vials. The officer then proceeded to search defendant’s pocket, discover the drugs and arrest defendant. The sole question presented is whether the intrusion into defendant’s pocket in the circumstances of this case falls…