Howard v. State

Eldridge, Judge.

A Muscogee County jury found Leroy Howard guilty of multiple counts of violation of the Georgia Controlled Substances Act and possession of a firearm with an altered identification mark. On appeal, he challenges the trial court’s denial of his motion to suppress, claiming that an investigating officer exceeded the scope of a Terry 1 pat-down when he pulled open Howard’s pocket in order to discover what was in it. Under the facts of this case, we agree and reverse.

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