Can police conduct a "squeeze search"?

May 27, 4:04 PMWashington Law ExaminerMichael Reitz

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Tomorrow the Washington Supreme Court will issue a ruling a case to determine whether police officers limited to pat downs, or whether they can “squeeze” a suspect’s pockets to determine the nature of objects in the pocket. 

In State v. Garvin, No. 80941-1, an officer pulled Anthony Garvin over for a traffic infraction. When he noticed a knife on the seat next to Garvin, the officer ordered Garvin out of the car and conducted a search for additional weapons. In the process he discovered a baggie of methamphetamine. At trial the officer testified, “We don’t really pat anymore. It’s more of a squeeze search.”

Garvin argues that the officer is not allowed to manipulate objects within the clothing, and squeeze method exceeds the scope of a valid frisk under the "stop and frisk" rule articulated in Terry v. Ohio, 392 U.S. 1 (1968). He moved to suppress the evidence seized, and the trial court denied the motion. Garvin was convicted of possession of a controlled substance, and Court of Appeals upheld the conviction.