Plain Feel Doctrine

In this archive episode, Dennis discusses a recent case law in New Jersey regarding search incidents to arrest and strip searches. Recorded on 07/10/2018. State v Robert Evans 2018 https://scholar.google.com/scholar_case?case=15804913504547411425andq=evans%202018andhl=enandas_sdt=4%2C31andfbclid=IwAR0LSDVsBE4YXvGMKsNDKw5DU0Eu09uxTJMFb9F53BkVl-woqRsqYN9JRDs (https://scholar.google.com/scholar_case?case=15804913504547411425andq=evans+2018andhl=enandas_sdt=4,31) The Court considers whether the "plain feel" doctrine justified a warrantless strip search under the circumstances of this case in light of the "Strip Search Act," N.J.S.A. 2A:161A-1 to-10. On January 4, 2012, Officer Felipe Laboy of the Vineland Police Department began his evening shift by compiling a computer-generated list of outstanding warrants in the area. Defendant Robert L. Evans was on the list due to his failure to pay outstanding traffic fines, but Laboy knew only that Evans had an outstanding warrant, not what the warrant was for. After compiling the active warrant list, Laboy and his partner patrolled the parking lots of the Days Inn and Denny's, which were areas known for narcotics, trespassing, and prostitution. Just after midnight, Laboy saw Evans back his car into a space in the Days Inn parking lot and recognized him. Evans noticed the police presence and immediately drove out of the parking lot. The police pursued him. Laboy consulted his list, recognized Evans's name, and decided to arrest him for his outstanding warrant. The patrol unit pulled Evans over, and he was unable to provide a driver's license. Laboy placed Evans under arrest and then conducted a pat down search of Evans incident to his arrest. During the search, Laboy found $2000 in cash in Evans's pants pocket. He also noticed a bulge in the groin area of Evans's jeans. In patting down that area, he felt a "rocklike substance." Based on having felt similar objects "[m]aybe over a hundred times," Laboy believed the substance was crack cocaine. A sergeant arrived on the scene, and gave Laboy permission to transport Evans back to the station for a strip search. Between Evans's pants and underwear were two plastic bags. One bag contained nine baggies of heroin; the other had two smaller bags of crack cocaine. The police secured a search warrant for Evans's car, from which they later recovered a handgun loaded with hollow-point bullets. In March 2012, a grand jury charged Evans with various drug and weapons offenses. Evans sought to suppress the evidence as a violation of the Strip Search Act and argued that Laboy had a duty to determine the subject of the warrant before arresting him. The judge found Laboy credible and ruled that the stop and arrest of Evans for the active warrant were permissible. The judge noted that due to the active warrant, Laboy could arrest Evans regardless of the offense. The judge ruled that the officer's search incident to Evans's arrest could not alone qualify as an exception to the warrant requirement needed to authorize a strip search. However, the judge found that the "plain feel" doctrine outlined in Minnesota v. Dickerson, 508 U.S. 366 (1993), and State v. Toth, 321 N.J. Super. 609 (App. Div. 1999), provided a basis to conduct a strip search. Applying the doctrine to the facts of the case, the judge ruled the strip search was permitted and denied the motion to suppress. The Appellate Division reversed the denial of the suppression motion and vacated Evans's conviction. State v. Evans, 449 N.J. Super. 66, 73 (App. Div. 2017). The panel found that Laboy had probable cause to suspect Evans had contraband in his pants and that the "plain feel" doctrine is a viable exception to the warrant requirement. However, the panel disagreed that Laboy acted reasonably in performing the strip search on Evans. The State sought certification, which the Court granted. 230 N.J. 508 (2017). The Court also granted Evans's cross-petition. 230 N.J. 505...