State v. Nash

The state appeals the trial court’s order granting Nash’s motion to suppress. We reverse.

Nash was cited for leaving an unattended vehicle’s motor running while in a convenience store parking lot. After the citation was issued, the officer asked Nash for consent to search his person for weapons and/or narcotics, to which Nash responded, “I have nothing, go right ahead.” The officer then performed a pat-down search. During the search, he removed a cigarette box from Nash’s pocket which contained cocaine.

In granting the motion to suppress, the court found, in part, that “[t]he police officer…