State of West Virginia v. Daniel Vigil

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that knowledge or near certainty is not required, rather, in the plain-view context, the “degree of certainty required for plain feel seizures, just as for plain view seizures, is probable cause”
• explaining how “applying the plain feel exception must appreciate the totality of the circumstances”
• stating, “The ‘immediately apparent’ language was not satisfied because the officer could not form probable cause upon viewing the object, but had to manipulate the object, going beyond the authorized plain view search”
• “Reasonable suspicion entails something more than an inchoate or unparticularized suspicion or ‘hunch,’ but less than the level of suspicion required for probable cause.”
• object being detected in an unusual location, officer recognized appellant and aware of prior drug convictions, high drug area, appellant’s attempt to evade police, and officer’s experience
• eight factors including high crime neighborhood plus unprovoked flight by others while defendant, known to the officers as someone with a criminal record, was walking away from his parked car with his hands in his pockets

Source: CourtListener parenthetical corpus (CC0).