The State of Washington v. Anthony Gaylord Garvin

Summary

The Washington Supreme Court held that a Union Gap police officer exceeded the permissible scope of a Terry frisk when he continued squeezing the contents of Garvin's coin pocket after ascertaining no weapon was present, discovering a small baggy of methamphetamine through manipulation. Under the plain touch doctrine, contraband may be seized only when its identity is immediately apparent by touch without manipulation; once an officer determines no weapon is present, any continuing search becomes unlawful. Because the methamphetamine was the product of an unlawful search, it should have been suppressed. The court reversed the Court of Appeals and dismissed the conviction.