Smith v. State

The appellant, Danny Smith, timely appeals his conviction and sentence for possession of cocaine and drug paraphernalia. The appellant contends that the trial court erred in denying his motion to suppress drugs and paraphernalia found when the police officer searched him. Because we conclude that the officer witnessed an assault perpetrated by the defendant who was armed with a stick, there was reasonable suspicion that appellant was armed and the officer’s weapons pat-down of appellant was proper. Thus, we affirm the trial court’s ruling.

On the evening of March 22, 2004, Deputy Michael Coker…