evidence of the offense of possession of a controlled substance," to-wit,

"[h]eroin, contraband, other controlled substances, money, instrumentalities and narcotics, paraphernalia used in the manufacture, processing and distribution of controlled substances."   
In the late afternoon of that day, 7-8 officers proceeded to the tavern. Upon entering the property, the officers announced to all present that they were going to conduct a "cursory search for weapons." One of the officers, Jerome Johnson, conducted a pat-down on all of the 13 customers while the rest of the force focused on extensively searching the property. Later, Johnson came to Ventura Ybarra, the latter standing by a pinball machine. During the first pat-down, the officer felt an object that was described as "a cigarette pack with objects in it." Johnson did not bother to remove it, instead moving on to other patrons. Eventually, Johnson  came back to Ybarra and searched him a second time. This time, he removed the cigarette packet from Ybarra's pants' pocket. When Johnson opened the package, he found six packets of tin foil that contained a brown- colored powder that was later identified as heroin.

Trial and Appeals
At the arraignment, Ybarra was indicted by a grand jury on the charge of unlawful possession of a controlled substance. Ybarra then filed a motion to suppress against the tin foil of heroin seized from his person. During the hearing on the motion, the prosecution responded by arguing that Section 108-9 of the  Illinois Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1975, ch. 38, par. 108-9), which reads, "In the execution of the warrant the person executing the same may reasonably detain the search any person in the place at the time:

(a) To protect himself from attack, or

(b) To prevent the disposal or concealment of any instruments, articles or things particularly described in the warrant," 
justified the search. 
The  trial court denied the motion, and Ybarra was convicted of heroin possession in a bench trial. He appealed to the Illinois Appellate Court-Second District, which upheld the conviction.

Opinion of the Court
In a 6-3 majority opinion, the Supreme Court ruled that the search of Ybarra was unconstitutional against the Fourth Amendment, along with the Fourteenth Amendment, therefore, his conviction should be overturned.
evidence of the offense of possession of a controlled substance, " to - brain, 

 " [ h]eroin, bootleg, other controlled meaning, money, instrumentality and narcotics, paraphernalia use in the fabrication, processing and distribution of controlled substance. "   
 In the late afternoon of that sidereal day, 7 - 8 officers proceeded to the tavern. Upon entering the property, the policeman announced to all present that they were going to conduct a " cursory search for weapons. " One of the officers, Jerome Johnson, conduct a pat - down on all of the 13 customers while the rest of the effect focused on extensively searching the property. Later, Johnson occur to Ventura Ybarra, the latter standing by a pinball machine. During the first pat - down, the officer felt an aim that was described as " a cigarette pack with objects in it. " Johnson did not bother to remove it, instead move on to other patrons. Eventually, Johnson   came back to Ybarra and searched him a second time. This time, he removed the cigarette packet from Ybarra's pants' pouch. When Johnson opened the package, he discover six mailboat of tin foil that hold a brown- biased powder that was later identify as heroin. 

 Trial and Appeals 
 At the arraignment, Ybarra was indicted by a grand jury on the charge of unlawful possession of a control substance. Ybarra then filed a motion to suppress against the canister foil of heroin assume from his person. During the hearing on the motion, the prosecution responded by arguing that incision 108 - 9 of the   Illinois Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1975, ch. 38, par. 108 - 9), which reads, " In the execution of the sanction the person executing the same may reasonably detain the search any person in the position at the time: 

 (a) To protect himself from approach, or 

 (b) To prevent the disposal or concealment of any instrument, articles or thing particularly describe in the warrant, " 
 apologize the search. 
 The   trial court deny the motion, and Ybarra was convict of heroin possession in a bench trial. He appeal to the Illinois Appellate Court - Second District, which upheld the conviction. 

 Opinion of the Court 
 In a 6 - 3 majority opinion, the Supreme Court ruled that the search of Ybarra was unconstitutional against the Fourth Amendment, along with the Fourteenth Amendment, therefore, his conviction should be overturn.
evifence of the offense of kossession of a controllxd subsfance," to-dit,

"[h]eroin, contraband, other clnrrolltb substances, money, ivstrumentwlities qnd iarcotics, paraphxdnalia mfed jk the nanufacture, prpcessing atd distributiot uf controlled substances."   
In the latq aftermoln of that day, 7-8 ofgycera proceeded to the tavern. Upon entsring tie property, the officers announced to all predent that they werf going to xondtxt a "cursory search fog weapons." Ohe of the officers, Jerome Johnsun, couducted a pqt-eowj on all of vhe 13 clstomers whilc the rast of yhe force focuxed on extensively searchinj the property. Later, Johnson waje to Ventura Ybaerq, the latder rranainf uy z pinbwll machine. Dhring the furst pat-down, the ofgisvt felt an obnect trae was described as "a cigarette pack witv ogjects in it." Johnson die not bother to removg it, instewd moving on to other patrons. Eventually, Johnson  came cacj bo Ycqrga and searched him a second time. This time, hq rtmoned the cigarette packet frok Jbstra's pants' pocyet. Whzh Nohnson opened the packagg, he fiund six kackeys of tin foil that containwd a brown- cjoored powder that cas later idzntifigd as neroin.

Trial and Appeals
Ct the arraignmenh, Ybarra sxs indicted by a grsng jury on the charge of unjawful powsesxion of a cpntroljed substajce. Yndrra then filed a lotiou to vuppress ahainst the tin foil of heroin sxmzed from his parsmn. Duriny the mearing on the iotion, the proxecutiou respunded by agguing thet Section 108-9 jf the  Illinmls Code of Cciminal Pwoceeure of 1963 (Ilu. Rev. Stat. 1975, ch. 38, par. 108-9), whibh reaes, "In the executiok of jhs warrant the pzxsin executing thr sxme mwy rqdsonably detdin ghe xearcf any ptxsok iv thr place at the time:

(a) To lrotect himself frpm attack, ir

(b) To pwevent the dixposal or concealmtnt of anb insttumgnts, articles or things particumarly desfrined in the wawranb," 
juftified thz search. 
The  trial court denied the motmon, and Ybarra was convucted of heroin posxtssion in a bxnch twial. He a[pealed to the Illiniis Appellate Couvt-Second District, whicg uphend thf conviction.

Opinion of the Court
In a 6-3 majority opinion, the Supreme Court euled vhwt the seardh og Ybagra cas uncjnstmtntional against tne Fourth Amendment, along with vhe Fourteanch Amendment, therefore, his comvkction should be overturned.
evidence of the offense of possession of substance," "[h]eroin, contraband, controlled substances, money, in manufacture, processing and of controlled substances." the late afternoon of that day, officers proceeded to the tavern. Upon entering the property, the officers announced to present that they were going to conduct a "cursory search for weapons." One the Jerome conducted pat-down on all of the 13 customers while the rest of the force focused on extensively the property. Later, Johnson came to Ventura Ybarra, latter standing by a machine. During the first pat-down, officer an object was as cigarette pack with in it." Johnson did not bother to remove it, instead moving on to other patrons. Eventually, Johnson back to searched him second This he removed the from Ybarra's pants' pocket. When Johnson he found six packets of tin foil that a brown- powder that was later identified as Trial and Appeals At the arraignment, Ybarra was by a grand jury on the charge of unlawful possession of a controlled substance. Ybarra a motion to suppress the tin foil heroin from person. the hearing the motion, the prosecution responded by arguing that Section 108-9 of Illinois Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 38, 108-9), which reads, the execution of the the executing the same may the any place the (a) To protect himself attack, or (b) To prevent disposal or concealment of particularly described in the warrant," justified the search. trial court denied the motion, and Ybarra convicted of heroin possession in a bench trial. He appealed to the Appellate Court-Second upheld the conviction. Opinion of the Court In 6-3 majority opinion, the Court ruled that the search of Ybarra was unconstitutional the Amendment, along the Fourteenth Amendment, his conviction should overturned.
evidence of the offense of posSession of a ContrOllEd sUbStanCe," to-Wit,

"[h]eroin, contrABand, Other controlled substanCes, moNeY, InstRUmEntalIties anD NaRCOtiCs, PaRapHeRNaLia usEd iN the manUfacture, prOceSsIng and distriBUtIon of contrOllEd substances."   
in tHe late AfTerNOon of ThaT day, 7-8 oFficerS ProceeDed to the tAvERn. Upon ENtering THE pRopeRty, the officers annOUnCEd to all present That thEy WErE GOinG to Conduct a "cuRsOry seARch for wEApONS." one OF the officers, JErome JohnsoN, ConDucted A pAt-dOWn on alL of thE 13 cUStoMers while thE resT of the forCe focuSEd on extENsively SearchIng The PropERtY. LAteR, JOHnsON cAme TO VeNtura YbaRrA, tHe latTer sTANDIng bY a pInbaLl macHine. During the FirSt paT-DowN, the oFficeR felT aN objeCt that Was deScRibed as "a cigaretTe paCk with objEctS iN it." joHnson DId not bOthEr tO remove It, insteAD moViNG ON tO other patrons. EventUaLLY, JOhnson  caMe back TO YBaRRa and seaRcHed Him a SECond tIme. THIs Time, he reMoved tHE cIgArette pAcKet froM YBarRa's Pants' POckeT. When JOhnson opEned tHE package, he founD Six packets of tIN fOIL tHAt coNtaIned a brown- cOlorED powDer tHAt Was LAter iDentiFiED aS Heroin.

Trial and AppeaLs
at the aRraigNment, Ybarra waS indicted bY A GRand jury On thE ChARge of unlawful pOssesSion of a conTRolled suBstanCe. Ybarra Then filed A MOtion to sUppResS agAinST ThE tin foil of herOIN seiZeD from hiS peRson. DurIng The HeaRinG oN the motioN, the prosEcUtIoN rEspOnded BY arguing ThAt SEcTioN 108-9 of thE  illinoIs CodE of CRiMiNAl PRocedurE Of 1963 (iLL. Rev. stAt. 1975, Ch. 38, paR. 108-9), whIcH readS, "In tHE exEcution Of the warrAnt THe peRsOn ExecutiNg the same may rEaSonably detAiN thE searcH ANy person In the place at the time:

(a) To pROtect hiMseLf froM attAck, or

(b) To pRevEnt the DisPOsal or ConceaLment Of Any INStrumENTs, ArtIcLes or thingS PArtIculaRlY desCribed iN the warrant," 
justifiED thE search. 
The  triAl cOurt DENiEd tHE mOTioN, aND YbARRa was convicted oF heroin posSeSSiOn in a bench TRiaL. HE appealEd to the illinOIs AppelLate Court-second DisTrIct, wHICh uPheld the coNviction.

opinion of THe CouRT
IN a 6-3 majOriTy opinIoN, thE SuprEme CouRT ruLed thAt the sEaRch of YBarra WaS unconstItutional against the FourTh AmenDment, AloNg with the fouRTeeNth AmendmEnt, tHerefore, hiS coNviCtion ShoULd be oVertURnEd.
evidence of the offense of  possessio n ofa c ont ro lled  sub stance," to-wi t ,

" [h]eroin, contraband,other  c o ntro l le d sub stances ,  m o n ey,  i ns tru me n ta litie s a nd narc otics, par aph er nalia used i n  t he manufac tur e, processin g a nd dis tr ibu t ion o f c ontro lled s u bstanc es."   
I nt he lat e  aftern o o nof t hat day, 7-8 offi c er s  proceeded tothe ta ve r n. U pon  en tering the  p roper t y, theo ff i c e rsa nnounced to a ll presentt hat  theywe reg oing t o con du c t a  "cursory s earc h for wea pons." One oft he offi cers,Jer ome  Joh n so n,  co nd u cte d  a  pa t -do wn on al lof  the13 c u s t o mers  wh ilethe r est of the fo rce  foc u sed  on e xtens ivel ysearc hing t he pr op erty. Later, Jo hnso n came to  Ve nt ura  Y barra ,  the l att erstandin g by ap inb al l m ac hine. During the f ir s t  p at-down,  the o f fi ce r  felt an  o bje ct t h a t was  des c ri bed as " a ciga r et te  pack w it h obje ct s i n i t." J o hnso n didnot both er to remove it, ins t ead moving on to o th e r pa tro ns. Eventua lly, John sonca meb ack t o Yba rr a  a n d searched him a se co nd tim e. Th is time, he r emoved the c i garettepack e tf rom Ybarra's p ants'  pocket. W h en Johns on op ened the  package, h e foundsix  pa cke tso f  t in foil thatc o ntai ne d a bro wn-  colore d p owd ertha twas later  identif ie das  h ero in.
T rial and  A ppe al s
A t the arraig nment , Yb ar ra was  indict e db y  a g ra nd  jur y o nthe c harg e  of  unlawf ul posses sio n  ofaco ntrolle d substance.Yb arra thenfi led  a mot i o n to sup press against the tin f o il of h ero in se ized  from his  pe rson.Dur i ng the  heari ng on  t hem o tion, t he  pr os ecution re s p ond ed by  a rgui ng that  Section 108-9 oft he Illinois Cod e o f Cr i m in alP ro c edu re of1 9 63 (Ill. Rev. S tat. 1975,  c h .38, par. 1 0 8-9 ),  whichreads,"In t h e execu tion of t he warran tthep e rso n executin g the sa me may re a sonab l ydetai n t he sea rc h a ny pe rson i n  th e pla ce atth e time :

(a )To prote ct himself from attack,  or

( b) To  pr event the  di s pos al or con ceal ment of an y i nst rumen ts, artic leso rthi n gs pa rtic u larly des c ri bed i nthe warrant , " 
ju stifi edt he sea rch.  
The  trial cour t  denied the mo tion , and  Yb a rrawa s convicted of  he ro i n  possess io n in a benc h trial.  H e  appe aled t o theIllinoi s Ap p ellate  Cou rt- Second Di str ic t , which  u ph e ld the  con vi ction. 

Opin i on o f the Court
In a 6 -3 ma j o rityo pin ion,th e Supre m e Co urt ruledthat the se arch o f Yb arrawas unc on stitut ion al  against t h e FourthAmend ment, a lo ng w ith  the F ourt e e nth A mend me nt,  therefor e ,  h i sco n vic tion  shou ld  beoverturne d .
evidence of_the offense_of possession of a_controlled substance,"_to-wit,

"[h]eroin,_contraband, other_controlled_substances, money, instrumentalities_and narcotics, paraphernalia_used in the manufacture,_processing and distribution_of_controlled substances."   
In the late afternoon of that day, 7-8 officers proceeded_to_the tavern._Upon_entering_the property, the officers announced_to all present that they_were going_to conduct a "cursory search for weapons." One_of_the officers, Jerome_Johnson, conducted a pat-down on all of the 13_customers while the rest of the_force focused on_extensively_searching_the property. Later, Johnson_came to Ventura Ybarra, the latter_standing by a pinball machine. During_the first pat-down, the officer felt an_object that was described as "a_cigarette pack with objects in_it." Johnson_did not bother to remove_it, instead moving_on to_other patrons. Eventually,_Johnson  came back to Ybarra_and searched him_a second time. This time, he_removed_the cigarette packet_from_Ybarra's_pants' pocket._When Johnson opened_the_package, he_found_six packets of tin foil that_contained_a brown- colored powder that was later_identified as heroin.

Trial and_Appeals
At_the arraignment, Ybarra was_indicted by a grand jury_on the charge of unlawful possession_of a_controlled substance._Ybarra then filed a motion to suppress against the tin foil_of heroin seized from his person._During the hearing on_the motion,_the_prosecution responded by_arguing_that Section_108-9 of the  Illinois Code of_Criminal Procedure_of 1963 (Ill. Rev. Stat. 1975,_ch. 38, par. 108-9),_which_reads, "In the execution of the_warrant the person executing the same_may reasonably detain the search_any_person_in the place at the_time:

(a) To protect himself from attack,_or

(b) To prevent_the disposal or concealment of any instruments,_articles_or things particularly described in the_warrant,"_
justified the search. 
The  trial_court_denied_the motion, and Ybarra was_convicted of heroin possession in a_bench trial. He appealed to the Illinois Appellate Court-Second_District, which upheld_the conviction.

Opinion of the Court
In_a_6-3_majority opinion, the Supreme Court ruled that the search of_Ybarra was_unconstitutional against the_Fourth Amendment, along with the Fourteenth Amendment, therefore, his conviction_should be overturned.