Ybarra v. Illinois

YBARRA v. ILLINOIS

Subsequent History: Petition for Rehearing Denied January 21.

Prior History: APPEAL FROM THE APPELLATE COURT OF ILLINOIS, SECOND DISTRICT.

Disposition: 58 Ill. App. 3d 57, 373 N. E. 2d 1013, reversed and remanded.

Case Summary

Procedural Posture

A state court convicted the defendant for the unlawful possession of a controlled substance after denying his motion to suppress evidence seized from his person under the provisions of Ill. Rev. Stat. ch. 38, § 108-9 (1975) during the execution of a search warrant on a tavern at which the defendant was a patron. The Appellate Court of Illinois, Second District, affirmed the conviction. The defendant challenged his conviction.

Overview

Police officers obtained a search warrant to search a tavern and the tavern owner for evidence of the offense of possession of a controlled substance. Upon entering the tavern, the officers announced to all present that they were going to conduct a "cursory search for weapons." One of the officers frisked defendant and felt "a cigarette pack with objects in it." After the officer had frisked the other patrons, he returned to defendant and removed the cigarette pack from defendant's pants pocket. Inside the pack, the officer found heroin. On appeal, the Court held that search of defendant and the seizure of the contents of his pocket contravened the Fourth and Fourteenth Amendments. The Court held that § 108-9 was unconstitutional as it permitted searches without probable cause. The Court held that the "narrow scope" of the Terry exception did not permit a frisk for weapons on less than reasonable belief or suspicion directed at the person to be frisked, even though that person happened to be on premises where an authorized narcotics search was taking place.

Outcome

The Court reversed the judgment from the state appellate court, which affirmed the defendant's conviction and the denial of his motion to suppress, and remanded the cause to the state appellate court for further proceedings.

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