State v. Stricklin

OPINION

Following a jury trial, appellant was convicted of unlawful possession of a narcotic drug. On appeal he challenges the trial court’s denial of his motion to suppress a baggie of crack cocaine an officer found in appellant’s pocket. Because we find that the denial of the motion to suppress was clearly erroneous, we reverse. State v. Gerlaugh, 134 Ariz. 164, 654 P.2d 800 (1982).

We agree with appellant that, based on the evidence before the trial court, the police officer who stopped him did not have reasonable suspicion to justify a Terry 1 stop or the subsequent weapons pat-down search.…