Plain Feel, Pill Bottles, and Probable Cause: State v. Jackson

A common point of confusion among law enforcement and the public is about the use of unlabeled pill bottles. Is it legal to possess prescription medicine in a container other than the original bottle with the prescription affixed? Does discovering an unlabeled pill bottle justify seizing and searching it to see if it contains contraband? Can a pill bottle be removed from a pocket during a frisk based on plain feel? Does it provide reasonable suspicion or probable cause to search or arrest a suspect? A case decided by the Court of Appeals earlier this month, State v. Jackson, No. COA23-727; ___ N.C. App.  ____; ___ S.E.2d ___ (Mar. 19, 2024), sheds some light on these questions. Read on for the details. Facts of Jackson. An officer on patrol in Avery County noticed the defendant driving down the road. The officer was familiar with the driver and was aware that he lacked an active driver’s license. The officer had arrested the defendant before for possession of firearm by felon and had some (apparently vague) notion that the defendant had previously been involved in drug possession. Jackson Slip op. at 2, n. 1. The officer immediately asked the defendant if he could search the defendant’s truck and the defendant consented. The officer asked the defendant to step outside of the vehicle, and again the defendant complied. The defendant did not exhibit any nervousness or evasive behavior during the interaction but did volunteer that he was in possession of a pocketknife. The officer [...]