Sibron v. New York/Concurrence White

by Byron White

United States Supreme Court

392 U.S. 40

Sibron  v.  New York

 Argued: Dec. 11 and 12, 1967. --- Decided: June 10, 1968

Mr. Justice WHITE, concurring.

I join Parts I-IV of the Court's opinion. With respect to appellant Peters, I join the affirmance of his conviction, not because there was probable cause to arrest, a question I do not reach, but because there was probable cause to stop Peters for questioning and thus to frisk him for dangerous weapons. See my concurring opinion in Terry v. Ohio, 392 U.S. 34, 88 S.Ct. 1886, 20 L.Ed.2d 889. While patting down Peters' clothing the officer 'discovered an object in his pocket which might have been used as a weapon.' Ante, at 67. That object turned out to be a package of burglar's tools. In my view those tools were properly admitted into evidence.

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