State v. Wiggins

Defendant appeals his conviction of possession of a controlled substance (PCS), assigning error to the trial court’s denial of his motion to suppress. Defendant argues that reasonable suspicion did not support the investigating officer’s decision to pat him down and that the officer lacked reasonable suspicion to believe that a lump in defendant’s pocket contained a weapon. Although we reject defendant’s challenge to the patdown, we agree that the officer did not have reasonable suspicion to believe that the lump in defendant’s pocket contained a weapon. We therefore reverse and remand.

The…