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=15804913504547411425&q=evans%202018&hl=en&as_sdt=4%2C31&fbclid=IwAR0LSDVsBE4YXvGMKsNDKw5DU0Eu09uxTJMFb9F53BkVl-woqRsqYN9JRDs (https://scholar.google.com/scholar_case?case=15804913504547411425&q=evans+2018&hl=en&as_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