State v. Horton

¶1 A Terry1 frisk is a well-recognized exception to the usual requirement of probable cause and a search warrant. But the scope of a Terry frisk is limited to objects that might be used as weapons. We conclude that this does not include a cigarette pack. And we therefore hold that Kris Alan Horton’s lawyer was ineffective for failing to move to suppress the drug evidence supporting Mr. Horton’s conviction for possession with intent to manufacture and simple possession of methamphetamine. We therefore reverse his convictions for those charges.

Sweeney, C.J.

FACTS

¶2 A sheriff’s deputy was…