McCormack v. State

Phipps, Chief Judge.

After a bench trial, James McCormack was convicted of two counts of possessing a controlled substance (alprazolam and hydro*184codone),1 two counts of possessing drugs not in the original containers,2 and being a pedestrian on the roadway.3 On appeal, McCormack contends, inter alia, that the trial court erred by denying his motion to suppress evidence obtained after police stopped and searched him. For the reasons that follow, we hold that the state failed to prove that the officer’s opening of a pill container found in McCormack’s pocket was justified on the bases claimed…