United States Third Circuit

A Terry search cannot purposely be used to discover contraband, but it is permissible that contraband be confiscated if spontaneously discovered during a properly executed Terry search. When determining whether the scope of a particular Terry search was proper, the areas of focus should be whether the officer had probable cause to believe an object was contraband before he knew it not to be a weapon and whether he acquired that knowledge in a manner consistent with a routine frisk.

Appellate Information

• Decided 10/22/2007
• Published 10/22/2007

Judges

• Before:  McKEE and AMBRO, Circuit Judges, ACKERMAN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Adam B. Cogan, Esquire, Greensburg, PA, for Appellant.


• For Appellees:
  
• Mary Beth Buchanan, United States Attorney, Rebecca R. Haywood, Assistant U.S. Attorney, Robert L. Eberhardt, Esquire, Office of United States Attorney, Pittsburgh, PA, for Appellee.