State v. Scott

ANDREASEN, Justice.

John Scott was charged with the crime of possession of a controlled substance, marijuana. He filed a motion to suppress evidence seized by a police officer from his pocket during a pat-down search. Iowa R.Crim.P. 11(1). The district court granted his motion finding that the scope of the pat-down search went beyond that permitted under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), and that the officer’s inquiry as to what was in his pocket at the time of the search constituted “custodial interrogation” prohibited by the doctrine enunciated in Miranda v.…