People v. Kowalski

Defendant was convicted of possession of drug paraphernalia. Court improperly denied motion to suppress evidence, as officer's search of Defendant's front pants pocket was not justified as extension of warrant exception under Terry v. Ohio. Before helping him into ambulance after apparent fight, officer retrieved cannabis pipe from pocket of Defendant, who was sitting on steps outside a bar and highly intoxicated. There was no evidence that Defendant had committed or was about to commit a crime, or that officer reasonably believed him to be armed and dangerous, and search went beyond a pat-down search for weapons. (JORGENSEN and McLAREN, concurring.)