State v. Harlan

SANDSTROM, Justice.

[¶ 1] Annette Harlan appeals a criminal judgment entered after her conditional guilty plea to the charge of possession of drug paraphernalia, a class A misdemean- or, following the district court’s denial of her suppression motion. We reverse, concluding the district court erred when it found permissible a police officer’s search of Harlan’s pockets once a pat-down search of her outer clothing did not reveal anything that might feel like a weapon, and remand to permit Harlan to withdraw her conditional guilty plea.

I

[¶ 2] On November 3, 2007, the Bismarck Police Department…