Sibron v. New York

In Sibron v. New York, 392 U.S. 40 (1968), an officer had stopped a suspected narcotics dealer. When the suspect made a sudden move into his jacket pocket, the officer moved simultaneously toward the same pocket and recovered contraband. Although the facts, objectively, might have been enough to support a frisk for weapons, the fatal flaw was that the officer never testified that self-protection was his purpose. The Supreme Court observed in this regard: "The possibility that Sibron, who never, so far as appears from the record, offered any resistance, might have posed a danger to Patrolman Martin's safety was never even discussed as a potential justification for the search. The only mention of weapons by the officer in his entire testimony came in response to a leading question by Sibron's counsel, when Martin stated that he "thought he Sibron might have been" reaching for a gun. Even so, Patrolman Martin did not accept this suggestion by the opposition regarding the reason for his action; the discussion continued upon the plain premise that he had been looking for narcotics all the time." (392 U.S. at 46 n.4.) In holding that the officer had failed to articulate the only rationale that will legitimate a frisk, the Supreme Court stated: "In the case of the self-protective search for weapons, the officer must be able to point to particular facts from which he reasonably inferred that the individual was armed and dangerous. Patrolman Martin's testimony reveals no such facts. The suspect's mere act of talking with a number of known narcotics addicts over an eight-hour period no more gives rise to reasonable fear of life or limb on the part of the police officer than it justifies an arrest for committing a crime. Nor did Patrolman Martin urge that when Sibron put his hand in his pocket, he feared that he was going for a weapon and acted in self-defense." (392 U.S. at 64.)