Summary
declining to apply the plain feel exception where the officer conducted an external frisk and then exceeded the scope of that permissible frisk by asking the defendant to empty the contents of his pockets and where the officer's testimony did not establish the object was immediately recognizable as contraband during the frisk
Summary of this case from State v. JohnsonOpinion
No. 1A94
Filed 17 June 1994
On discretionary review pursuant to N.C.G.S. § 7A-31 from the decision of a divided panel of the Court of Appeals, 112 N.C. App. 688, 436 S.E.2d 912 (1993), vacating a judgment entered by Strickland, J., at the 27 July 1992 Criminal Session of Superior Court, Dare County. Heard in the Supreme Court 11 May 1994.
Michael F. Easley, Attorney General, by Anita LeVeaux Quigless, Assistant Attorney General, for the State-appellant.
Merrell, Barnes, Gladden Rose, by Edgar L. Barnes and Randy L. Jones, for defendant-appellee.
AFFIRMED.