People v. Kowalski, 2011 IL App (2d) 100237

Defendant Kowalski, highly intoxicated after a bar fight, was sitting outside the bar and transported to a hospital ambulance for medical care.
Before ambulance transport, Officer Gaw conducted a search of Kowalski under a fire department policy requiring such searches for violence-call patients, uncovering a pipe with burned cannabis residue in Kowalski's front pants pocket.
Kowalski was not under arrest, not a crime suspect, did not consent to the search, and there was no stated evidence that he was armed or dangerous.
The trial court denied Kowalski’s motion to suppress, applying an extended Terry-based justification to search prior to ambulance transport.
On appeal, the court held that the search exceeded Terry limits and was not justified by any recognized exception, reversing Kowalski’s conviction for possession of drug paraphernalia.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrantless search was justified	Kowalski; Gaw lacked authority; search exceeded Terry.	State; ambulance-transport search justified under Terry extension.	Not justified; search exceeded Terry scope.
Whether any physician/ambulance exception justifies the search	No emergency-emergency exception supported by record.	State relied on emergency treatment safety considerations.	No justification; evidence suppressed.

Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (protective searches limited to weapons; scope must be narrowly tailored)
People v. Sorenson, 196 Ill. 2d 425 (Ill. 2001) ( Terry searches must be strictly circumscribed; no broader incursion)
Minnesota v. Dickerson, 508 U.S. 366 (U.S. 1993) (plain-feel doctrine; rapid identification of contraband after lawful pat-down)
People v. Queen, 369 Ill. App. 3d 211 (Ill. App. 2006) (protective pat-downs before courtesy rides; limitations on search scope)
People v. Staple, 345 Ill. App. 3d 814 (Ill. App. 2004) (evidentiaryimpact of improperly admitted evidence)