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STATE v. DAVENPORT

No. 31883.

156 P.3d 1197 (2007)

STATE of Idaho, Plaintiff-Respondent, v. Troy Matthew DAVENPORT, Defendant-Appellant.

Court of Appeals of Idaho.

March 6, 2007.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Erik R. Lehtinen, Deputy Appellate Public Defender, Boise, for appellant. Erik R. Lehtinen argued.

Hon. Lawrence G. Wasden, Attorney General; Thomas Tharp, Deputy Attorney General, Boise, for respondent. Thomas Tharp argued.

LANSING, Judge.

Troy Matthew Davenport appeals his conviction for possession of methamphetamine, contending that the district court erred in denying his motion to suppress evidence of the methamphetamine that was found by an officer as he was frisking Davenport. Because we hold that the frisk was not justified by reasonable suspicion that Davenport was armed and dangerous, we reverse.

I.

BACKGROUND

At about 10:30 on a November evening,...

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