STATE v. KENNEL

No. 1 CA-CR 1339.

26 Ariz. App. 147 (1976)

546 P.2d 1156

The STATE of Arizona, Appellee, v. Don Edgar KENNEL, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

March 11, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., Georgia Butcher Ellexson, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by John F. Foreman, Deputy Public Defender, Phoenix, for appellant.


OPINION

OGG, Judge.

In this case we must determine if an officer who has legally taken an intoxicated person into custody for delivery to an alcohol treatment center may conduct a full body search as distinguished from a pat-down search for weapons.

The defendant Don Edgar Kennel was convicted of the misdemeanor offense of possessing dangerous drugs and sentenced to a term of six months on probation, together with a fine of $75. The defendant now appeals...

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