State v. Gardner

OPINION

THORNE, Judge:

T1 Derrick Wade Gardner appeals from his convictions of possession of a controlled substance with intent to distribute, see Utah Code Ann. § 58-87-8(1)(a)@iii) (Supp.2010), and possession of drug paraphernalia, see id. § 58-87a-5(1), arguing that the district court erred in failing to suppress evidence found when a deputy sheriff frisked Gardner for weapons. See generally Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) (establishing the constitutional framework for weapons frisks). We affirm.

BACKGROUND

T2 On March 28, 2008, Deputy Blake Day of the Salt…