Moore v. Commonwealth

Opinion

KOONTZ, C.J.

After his motion to suppress evidence was denied, Claude C. Moore, appellant, in a bench trial on February 27, 1989, was convicted of possession of heroin. Moore was subsequently sentenced to ten years in the penitentiary with three years suspended. On appeal, Moore contends the officer’s subjective perception of Moore’s nervousness, without additional articulable facts reasonably suggesting Moore was armed and dangerous, did not justify the pat-down search, and, therefore, the trial court erred by denying his motion to suppress evidence. We agree and reverse.

On October 24,…