Setting up a possible test on the limits of protective searches, the state Supreme Court has agreed to hear a case in which police searched a woman’s pocketbook during the consensual search of a residence suspected of housing illegal drug activity.
In a per curiam order, the court said it would hear arguments only on the issue of whether the Superior Court “erred in finding sufficient reasonable suspicion based on a ‘guns follow drugs’ presumption to justify a ‘protective search’ of Petitioner’s pocketbook for weapons” pursuant to the 1968 U.S. Supreme Court case Terry v. Ohio .
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