United States Second Circuit

A police officer's reach into defendant's pocket, and removal of its contents, was excessive in scope under Terry v. Ohio, 392 U.S. 1, and was an unreasonable weapons search, when a less intrusive patdown search would have sufficed.

Appellate Information

• Decided 09/12/2002
• Published 09/13/2002

Judges

• SACK, Circuit Judge., Before KEARSE, SACK, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Michael P. Schiano, Rochester, NY, for Defendant-Appellant., Everardo A. Rodriguez, Assistant United States Attorney (Kathleen M. Mehltretter, United States Attorney for the Western District of New York), Rochester, NY, for Appellee.