State Of Washington v. John Frederick Budig, Ii

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, No. 80078-7-I Appellant, DIVISION ONE v. JOHN FREDERICK BUDIG II, UNPUBLISHED OPINION Respondent. CHUN, J. — The State charged John Budig with one count of possession of heroin. Budig moved to suppress the evidence found during a search incident to his arrest, claiming that a deputy’s Terry1 frisk for weapons was unlawful, and moved to dismiss the case. The trial court granted Budig’s motions. On appeal, the State argues that the trial court erred by applying the wrong legal standard to suppress the evidence. We agree,…