736 S.E.2d 663
S.C.2013Background
- Anonymous tip alleged a black male on a bicycle was selling drugs in a high-crime area.
- Respondent, an African-American male on a bicycle, was observed alone at a road intersection by deputies.
- Respondent and a male associate were seen huddled together; Respondent rode toward officers when approached.
- An officer conducted a takedown and a protective pat-down; a bag of crack cocaine was discovered.
- During the pat-down, a green tennis ball with a slit revealed contraband; the ball contained crack cocaine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether police had reasonable suspicion to detain Respondent. | State argues totality of circumstances supports suspicion. | Taylor argues insufficient suspicion to justify stop. | Police had reasonable suspicion to stop. |
| Whether police had probable cause to search the tennis ball. | State argues object became incriminating during pat-down. | Taylor argues search exceeded Terry limits once not a weapon. | Pat-down did not exceed Terry; evidence properly admitted. |
Key Cases Cited
- Terry v. Ohio, 392 S. Ct. 1 (U.S. 1968) (limits on protective pat-down search under reasonable suspicion)
- Minnesota v. Dickerson, 508 U.S. 366 (U.S. 1993) (expands limits of contraband discovery during Terry stop)
- United States v. Lender, 985 F.2d 151 (4th Cir. 1993) (airing factors for reasonable suspicion in high-crime area)
- United States v. Sprinkle, 106 F.3d 613 (4th Cir. 1997) (distinguishes Lender; not controlling where observations do not corroborate suspicions)
- Dickerson v. United States, 508 U.S. 366 (U.S. 1993) (police must refrain from further search after initial pat-down if not asserting weapon)
- United States v. Swann, 149 F.3d 271 (4th Cir. 1998) (objective reasonableness in assessing officer actions during stop)
- Blassingame, 338 S.C. 240 (S.C. Ct. App. 1999) (articulates scope of frisk for weapons under Terry)
- State v. Banda, 371 S.C. 245 (S.C. 2006) (framework for evaluating probable cause and reasonable suspicion in SC context)
- State v. Pichardo, 367 S.C. 84 (S.C. Ct. App. 2005) (standard of review for appellate reversal in suppression rulings)