State v. Smith

CAMERON, Chief Justice.

This is an appeal by David J. Smith from a judgment of guilt to misdemeanor possession of marijuana, A.R.S. § 36-1002.-05, and felony possession of dangerous drugs, A.R.S. § 32-1970.

On appeal, defendant attacks only the denial of his motion to suppress evidence raising the following questions:

1. Was the initial “pat-down” of defendant an unlawful search and eizure?

2. Did the police officers act lawfully in “securing” defendant’s premises while they obtained a search warrant?

3. Should the search warrant have been ruled invalid due to the State’s failure to produce the…