P. v. Swearingen
Garret L. Swearingen appeals from a judgment placing him on felony probation after he pled guilty to possession of methamphetamine (Health & Saf. Code, 11377). He contends the trial court erred in denying his motion to suppress evidence (Pen. Code, 1538.5) because it was the fruit of an unlawful patdown search for weapons, as contemplated by Terry v. Ohio (1968) 392 U.S. 1. Court agree and, accordingly, reverse.
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