Swanson v. State

OPINION

VAIDIK, Judge

Appellant, Terrance Swanson, appeals his conviction for Possession of Cocaine, 1 a class B felony. Swanson argues that the trial court erroneously denied his motion to suppress crack cocaine seized without a warrant. Although Swanson presents several arguments on appeal, we find one dispositive — whether the pat-down search was lawful. Because the record reveals that the only facts upon which the officers relied to conduct a pat down were Swanson’s presence in an area known for drugs and Swanson having his hands in his pockets, the pat down was not lawful. As a result, the…