People v. Cox

State appealed from the trial court’s orders granting Defendant’s motion to suppress evidence recovered during a search of the defendant on the basis that the officer lacked probable cause to believe that the defendant was engaged in criminal behavior prior to the search. The appellate court affirmed, finding that the physical search of defendant exceeded the scope of a Terry frisk for weapons and, as a result, was more akin to a search incident to a lawful arrest. (HUTCHINSON and SCHOSTOK, concurring)