Sibron v. New York

Throughout the course of a day and night, an officer observed the defendant with 9 to 11 known narcotics addicts. At no time did the officer hear any conversation between the defendant and these persons, nor did he witness any exchange between them. After seeing the defendant in a restaurant with three of the known addicts, the officer approached. They went outside. There was nothing in the record to determine whether the defendant went outside with the officer voluntarily or was ordered out to the street. Once outside, the officer said to the defendant, “you know what I am after.” The defendant mumbled something and reached into his pocket. At the same time, the officer reached into the defendant’s pocket and found a controlled substance. The defendant was convicted of unlawful possession of heroin. At trial, there was nothing to show that the officer’s safety was a potential justification for the intrusion into the defendant’s pocket