252 P.3d 459
Colo.2011Background
- Officers stopped the Jeep for a broken taillight; license of the driver was revoked.
- Brant, a passenger, acted furtively and hid something between the door and seat as officers approached.
- Officer Cash conducted a pat-down of Brant and then searched the passenger area for weapons.
- A glove was found between the door and seat; upon squeezing, a pipe and bags of suspected narcotics were discovered.
- Brant was arrested after Miranda warnings and later provided more drug paraphernalia.
- The trial court suppressed the glove evidence as the fruits of an unlawful initial search; the issue on appeal was the legality of the protective search and the plain feel seizure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the protective search of the passenger compartment was justified. | Brant; the glove area exceeded scope of weapon search. | Brant; protective search limited to weapon-detection; glove not within scope. | Yes; protective search extended to passenger area. |
| Whether the glove was admissible under plain feel. | State; glove immediately identified as a pipe, enabling seizure. | Brant; contraband discovery during protective search should be suppressed. | Yes; plain feel allowed seizure of contraband during valid protective search. |
Key Cases Cited
- People v. McDaniel, 160 P.3d 247 (Colo. 2007) (protective search of passenger area at stop supported by fear of armed suspect)
- People v. Corpany, 859 P.2d 865 (Colo. 1993) (scope of protective search for weapons; objects within reach may be examined for weapon)
- People v. Altman, 938 P.2d 142 (Colo. 1997) (objectively reasonable protective search for weapons; drift from intent not allowed)
- People v. Melgosa, 753 P.2d 221 (Colo. 1988) (furtive gesture supports weapons search; limited intrusion allowed)
- People v. Weston, 869 P.2d 1296 (Colo. 1994) (allowing cursory examination of discovered objects during protective search)
- Dickerson v. United States, 508 U.S. 366 (U.S. 1993) (plain feel doctrine; contraband may be seized during lawful search)
