LINDSEY v. STATE

No. A06A1402.

639 S.E.2d 584 (2006)

LINDSEY v. The STATE.

Court of Appeals of Georgia.

November 30, 2006.


Attorney(s) appearing for the Case

David E. Clark, Jessica R. Towne, Clark & Towne, P.C., Lawrenceville, for appellant.

Daniel J. Porter, District Attorney, Lisa A. Jones, Assistant District Attorney, for appellee.


ELLINGTON, Judge.

Following a bench trial, the Superior Court of Gwinnett County convicted Phillip Lindsey of possession of methamphetamine, OCGA § 16-13-30. Lindsey appeals, challenging the court's denial of his motion to suppress evidence seized during the execution of a civil Order to Apprehend for mental health evaluation. Because the search exceeded the scope of a pat-down for weapons and because Lindsey was not at the time of the search under arrest, based...

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