STATE v. HARLAN

No. 20080083.

758 N.W.2d 706 (2008)

2008 ND 220

STATE of North Dakota, Plaintiff and Appellee v. Annette HARLAN, Defendant and Appellant.

Supreme Court of North Dakota.

December 16, 2008.


Attorney(s) appearing for the Case

Justin J. Schwarz, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.

Justin J. Vinje, Bismarck, N.D., for defendant and appellant.


SANDSTROM, Justice.

[¶ 1] Annette Harlan appeals a criminal judgment entered after her conditional guilty plea to the charge of possession of drug paraphernalia, a class A misdemeanor, following the district court's denial of her suppression motion. We reverse, concluding the district court erred when it found permissible a police officer's search of Harlan's pockets once a pat-down search of her outer clothing did not reveal anything that might feel like a weapon...

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