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STATE v. SCOTT

No. 93-1468.

518 N.W.2d 347 (1994)

STATE of Iowa, Appellant, v. John A. SCOTT, Appellee.

Supreme Court of Iowa.

June 22, 1994.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Richard J. Bennett, Asst. Atty. Gen., John P. Sarcone, County Atty., and Gregory Brandt, Asst. County Atty., for appellant.

F. John Spellman, Des Moines, for appellee.

Considered by HARRIS, P.J., and LARSON, NEUMAN, SNELL, and ANDREASEN, JJ.

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...

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