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STATE v. LEATON

No. 12-1691.

836 N.W.2d 673 (2013)

STATE of Iowa, Plaintiff-Appellee, v. Seth LEATON, Defendant-Appellant.

Court of Appeals of Iowa.

July 10, 2013.

Attorney(s) appearing for the Case

Nathan W. Tucker , Davenport, for appellant.

Thomas J. Miller , Attorney General, Kevin Cmelik , Assistant Attorney General, Janet M. Lyness , County Attorney, and Elizabeth Beglin , Assistant County Attorney, for appellee.

Heard by POTTERFIELD, P.J., and DANILSON and MULLINS, JJ.

POTTERFIELD, P.J.

Seth Leaton challenges the district court's denial of his motion to suppress. Because the pat-down search was not supported by reasonable suspicion the defendant was armed and because the State failed to prove the defendant consented to the search of his person, the district court erred in failing to grant the defendant's motion to suppress. We reverse and remand.

I. Background Facts and Proceedings...

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