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STATE v. HORTON

No. 24381-8-III.

146 P.3d 1227 (2006)

STATE of Washington, Respondent, v. Kris Alan HORTON, Appellant.

Court of Appeals of Washington, Division 3.

November 16, 2006.

Attorney(s) appearing for the Case

Terry Jay Bloor, Benton County Prosecutors Office, Kennewick, WA, for Respondent.

Janet G. Gemberling, Gemberling & Dooris PS, Spokane, WA, for Appellant.

SWEENEY, C.J.

¶ 1 A Terry1 frisk is a well-recognized exception to the usual requirement of probable cause and a search warrant. But the scope of a Terry frisk is limited to objects that might be used as weapons. We conclude that this does not include a cigarette pack. And we therefore hold that Kris Alan Horton's lawyer was ineffective for failing to move to suppress the drug evidence supporting Mr. Horton's conviction...

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