State v. Henry is a case involving prosecution for the unlawful possession of narcotic drugs. Henry was convicted on evidence obtained as a result of a "frisk." It should be made clear at the outset that a "frisk" is not a "full" search as is permitted in situations where there is probable cause for arrest. The "frisk" is limited to a protective search or pat-down of the outer clothing for the purpose of detecting weapons. Even though probable cause is not a condition precedent to a "frisk," the "frisk" is, nevertheless, governed by the Reasonableness Clause of the Fourth Amendment. Where the "frisk" is deemed unreasonable, its fruits are held to be inadmissible. The casenote will set forth two tests or standards the courts use to determine reasonableness vis a vis the Fourth Amendment. The casenote will also establish the Henry court's failure to distinguish its case from Sibron v. State of New York, and thus the court's failure to justify its holding.
Occhipinti, Anthony J. Jr.
"Criminal Law - Search and Seizure - Scope of the Term - "Frisk"; State v. Henry,"
Akron Law Review: Vol. 4
, Article 14.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol4/iss1/14