Peterson v. State

WOLF, Judge.

Appellant is appealing from a judgment and sentence imposed after he was convicted in a jury trial of possession of cocaine and possession of marijuana. Appellant alleges that the trial court erred in denying his motion to suppress evidence. We reverse the denial of the motion.

The search of defendant’s pockets exceeded the scope of either a pat-down for protection or the consent the officer had received to search the truck.1 See State v. Smith, 632 So.2d 1086 (Fla. 5th DCA 1994), cert. denied, — U.S. —, 115 S.Ct. 290, 130

L.Ed.2d 205 (1994); Papalas v. State, 645 So.2d 153 (Fla.…