UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4016
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DEMAUL CORTEZ SIMMONS, a/k/a Raider,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CR-02-653)
Submitted: August 20, 2004 Decided: September 14, 2004
Before WIDENER, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Parks N. Small, Federal Public Defender, Columbia, South Carolina,
for Appellant. J. Strom Thurmond, Jr., United States Attorney,
Carlton R. Bourne, Jr., Assistant United States Attorney,
Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Demaul Cortez Simmons appeals from the order of the
district court denying his motion to suppress evidence seized from
his person. Finding no error, we affirm.
Simmons’ sole claim on appeal is that the district court
erred when it concluded that Detective Joseph Capitano did not
exceed the scope of a lawful frisk when he removed contraband from
Simmons’ pocket. We review the district court’s factual findings
for clear error, while reviewing its legal determinations de novo.
United States v. Rusher, 966 F.2d 868, 873 (4th Cir. 1992).
Under the “plain-feel doctrine,” an officer may seize
nonthreatening contraband discovered during a protective Terry*
pat-down search if the pat-down was justified and the contraband’s
contour or mass made its identity immediately apparent upon
touching it. Minnesota v. Dickerson, 508 U.S. 366, 375-76 (1993);
United States v. Swann, 149 F.3d 271, 275 n.3 (4th Cir. 1998). Our
review of the record discloses that Detective Capitano immediately
identified the contraband as unlawful narcotics upon touching the
item. Accordingly, we find no error in the district court’s
decision denying Simmons’ motion to suppress.
We affirm the judgment of the district court. We
dispense with oral argument because the facts and legal contentions
*
Terry v. Ohio, 392 U.S. 1 (1968).
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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