State v. Peterson

OPINION

BENCH, Judge.

T1 Peterson appeals his convictions for possession of methamphetamine, a third degree felony, in violation of Utah Code Ann. § (4)(a), (c) (1998 & Supp. 2002), and possession of paraphernalia in a drug-free zone, a class A misdemeanor, in violation of Utah Code Ann. §§ 58-87a-5 and 58-87-8(4)(a), (c) (1998 & Supp.2002). On appeal, Peterson claims that the search of his coat and shoes exceeded the scope of an otherwise justified Terry frisk. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 168, 20 L.Ed.2d 889 (1968). We agree. We therefore reverse his convictions.

BACKGROUND

T 2 The…