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JETT v. STATE

No. 49A05-9811-CR-549.

716 N.E.2d 69 (1999)

Gary JETT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 14, 1999.

Attorney(s) appearing for the Case

David R. Hennessy, Indianapolis, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Randi E. Froug, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

STATON, Judge

Gary Jett appeals his conviction for possession of marijuana,1 a Class A misdemeanor. Jett raises three issues on appeal, one of which is dispositive: whether evidence obtained by police during a patdown search should have been suppressed as the result of an unlawful search.

We reverse.

On May 10, 1998, a police officer stopped Jett's vehicle for speeding and improper passing. After the officer...

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