State v. Peterson

WILKINS, Associate Chief Justice:

¶ 1 In 2002, Daniel Peterson was charged with illegal use or possession of a controlled substance, a third degree felony, and use or possession of drug paraphernalia, a class A misdemeanor. During the pretrial evidentia- ry hearing, Peterson moved to suppress evidence obtained in the course of a police search of his discarded clothing, arguing that the search violated his constitutional rights under the Fourth Amendment. The trial judge denied his motion, finding- that the search was properly conducted pursuant to a protective weapons-search frisk. At trial,…