State v. Cannon

Eldridge, Judge.

The State appeals from the Superior Court of Richmond County’s grant of Anthony Richard Cannon’s motion to suppress, which motion was granted on the basis that a pat-down performed on Cannon’s person exceeded the bounds of a permissible Terry 1 search when the sheriff’s deputy shook Cannon’s pant leg in order to dislodge an unidentified “bulge” therein. The State argues that probable cause existed to search Cannon at the time the deputy shook the pant leg. We agree and reverse.

In addressing this appeal, we bear in mind that a trial court’s application of the law to undisputed…