KY SC Nov 9 - Reynolds- Terry Stop
Reynolds v. Commonwealth, 2010-CA-2192 (rendered 11/9/12)(to be published),
Reversing
Terry Stop
The Court of Appeals held that the scope of the search of Reynolds exceeded that which is contemplated by Terry v. Ohio, 392 U.S. 1 (1968). Mr. Reynolds was an occupant of a vehicle. The vehicle was stopped because police had received information that two female occupants of the vehicle had acted strangely at Walgreens while purchasing legal amounts of pseudoephedrine. When police searched another male occupant of the vehicle (one who had freely admitted to the police he had a prior conviction for trafficking in methamphetamine), marijuana and rolling papers were found. The officer observed that Mr. Reynolds was “fidgeting,” and searched him as well. Specifically, the officer testified he felt a large “softball sized lump” above Mr. Reynolds’ genitalia. The lump turned out to be a baggie of marijuana, methamphetamine, and prescription pain pills. Held: “fidgeting alone is insufficient to justify a Terry search for weapons.” The Court reverses the circuit’s order denying the motion to suppress.
Contributed by Emily Rhorer
