People v. Trisby

Officer's act of reaching into Defendant's pocket, after making traffic stop, was not pursuant to an investigatory Terry stop, as officer did not conduct a pat-down search for weapons first or indicate that he feared for his safety or for safety of others. Probable cause is not established by officer's observing of a single hand-to-hand transaction involving an unidentified object together with a few furtive hand movements toward a pants pocket. Thus, heroin which officer found in Defendant's pocket should be suppressed. (HYMAN and PIERCE, concurring.)