· 12/14/1994
Commonwealth v. Stackfield
Citations
- 651 A.2d 558
- 438 Pa. Super. 88
- 1994 Pa. Super. LEXIS 3608
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a zip-lock baggie was not immediately identifiable as contraband
- holding that the warrantless, protective pat- down search of the defendant’s person did not meet the “plain feel” warrant exception, and stating that “[a] zip-lock baggie is not per se contraband, although material contained in a zip-lock baggie may well be.”
- stating appellant was present in house on which police executed a search warrant and was handcuffed while officers were securing the premises and frisked shortly afterwards
- stating, “[a] zip-lock baggie is not per se contraband … [and s]ight unseen, the contents of the baggies that the officer felt in appellant’s pants pockets could as easily have contained the remains of appellant’s lunch as contraband[]”
- overturning trial court’s conclusion that the item felt was immediately recognized as contraband, because the officer felt and recognized only a baggie, and “[a] zip-lock baggie is not per se contraband, although material contained in a zip-lock baggie may well be.”
- officer's testimony that he felt zip-lock baggie during Terry frisk did not support conclusion that officer felt item that he immediately recognized as contraband since baggie is not \per se contraband\
Source: CourtListener parenthetical corpus (CC0).
Judges: Rowley, Cirillo, Sole
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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