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Mason v. State

The arresting officer exceeded the permissible scope of a pat-down search for weapons when he opened a matchbox, which was not immediately identifiable as contraband.

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Edward Mason appeals from the judgment entered after a jury found him guilty of possession of cocaine. Mason argues that the trial court erred in allowing cocaine found on his person into evidence because the search exceeded the permissible scope of a pat-down for weapons. We agree and reverse. Where, as here, evidence presented at a hearing on a motion to suppress is uncontroverted and there are no questions of credibility, we review de novo the trial court’s application of the law to undisputed facts. Vansant v. State, 264 Ga. 319, 320 1 443 SE2d 474 1994.

The arresting officer testified that after making a traffic stop of the car in which Mason was a passenger, he asked if he could search the car. The driver consented and both Mason and the driver got out of the car. The officer said that for his own safety and before he searches a car, he always pats down the occupants and places them in his patrol car during the search. As the officer was doing a pat-down of Mason, he felt something rattle in Mason’s pocket. The officer asked Mason what it was and Mason said he did not know. The officer asked, “Do you mind if I remove it” Mason replied, “No, go right on ahead.” The officer reached in Mason’s pocket and pulled out a matchbox. The officer said that he opened the matchbox because, in his experience, this was a place that people often stored contraband. Inside the matchbox were seven rocks of what was later identified as crack cocaine.

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