State v. Mallory

Shulman, Judge.

While effecting an arrest pursuant to a warrant, the arresting officer observed the defendant approaching the officer and the arrestee with his hands in his pockets. When the officer took his badge out and started to approach the defendant, the defendant turned and walked away, whereupon the officer ordered the defendant to stop. An ensuing patdown and subsequent limited search of defendant, purportedly for the protection of the officer, produced a "roach clip” with the remains of a marijuana cigarette attached. (This contraband, together with other contraband later found on…