New York Court of Appeals

The People of the State of New York, Respondent v. Robert Diaz, Also Known as Robert Holmes, Appellant

April 8, 199381 N.Y.2d 106

Summary

The Court reversed the Appellate Division, holding that a warrantless search of a suspect's pocket cannot be justified by information obtained during a Terry pat‑down and that no "plain touch" exception to the warrant requirement exists; therefore the seized crack cocaine was suppressed and the indictment dismissed.