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McGUIRE v. STATE

No. A-8216.

70 P.3d 1114 (2003)

John Greenway McGUIRE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 30, 2003.

Attorney(s) appearing for the Case

Marcia E. Holland, Assistant Public Defender, Fairbanks, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

STEWART, Judge.

During a pat-down search for weapons, a police officer felt a plastic baggie containing bindles (single-purpose paper packages used for transportation of narcotics) in the pocket of John G. McGuire's pants. Ultimately, the officer seized the baggie, opened a bindle, tested its contents for controlled substances, and discovered cocaine. This evidence led to a grand jury indictment charging McGuire with one count of third-degree...

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