no weapon or contraband "immediately apparent" when officers removed brown paper bag from defendant's pocket
How later courts described this case
- no weapon or contraband "immediately apparent" when officers removed brown paper bag from defendant's pocket
Written by the judges who cited it.
The opinion
11 JONES, J.,
concurring in part and dissenting in part.
I agree that it was error not to have granted Brown’s motion to suppress the evidence. Thus, I also agree that we should vacate the conviction and remand for a new trial.
However, I do not agree that we should consider the merits of the evidence presented and its sufficiency. Therefore, I would vacate Brown’s conviction and sentence, remand for a new trial, and preter-mit discussion of the other assignments of error raised in her appeal.