State v. Lee

BURDICK, Chief Justice.

Trevor Glenn Lee appeals the Payette County district court’s denial of his motion to suppress. As part of his plea agreement, Lee reserved the right to challenge the denial of his suppression motion on appeal. The district court concluded the pat-down frisk was reasonable under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), but the officer exceeded the scope of the frisk by opening the containers found in Lee’s pocket. However, the district court concluded the search of the containers was permissible as a search incident to Lee’s arrest because, prior…