State v. Ellis, 287 P.3d 471

Ellis was detained during an investigation of a suspected automobile burglary by a police officer who observed a clip knife in Ellis's pocket and bulky pockets.
The officer conducted a Terry frisk to assess whether Ellis was armed, with an initial removal of the knife from Ellis's pocket.
The pocket was bulging; the officer touched the outside to identify items and found long, pointed objects that could be weapons.
The officer removed items from the pocket, expanding the frisk to determine if anything could be used as a weapon, including a pouch described as a knife sheath.
A second officer observed a pouch containing a glass methamphetamine pipe, Ellis admitted it was drug paraphernalia and consented to search the pouch.
The pouch was opened, drugs were found, and charges followed; Ellis moved to suppress the paraphernalia and drugs, challenging the scope of the frisk.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the Terry frisk justified at inception and within scope?	Ellis argues frisk exceeded scope; not all felt items warranted further search.	Ellis contends officer’s belief that items could be weapons justified continued search.	Yes; frisk justified and within scope under totality of circumstances.
Did removing the pouch from Ellis's pocket fall within the permissible scope of the frisk?	Ellis argues removal of non-weapon items was beyond scope.	Officer reasonably believed the pouch could contain a weapon based on experience and circumstances.	Yes; removal of the pouch was justified as part of the frisk.

State v. Peterson, 2005 UT 17 (Utah Supreme Court, 2005) ( Terry frisk permitted when reasonable suspicion exists)
State v. Warren, 2003 UT 36 (Utah Supreme Court, 2003) (reasonableness of frisk evaluated under totality of circumstances)
Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court, 1968) (establishes permissible Terry frisk standard)
United States v. Campa, 234 F.3d 733 (1st Cir. 2000) (removal of objects beyond frisk scope can violate Terry)