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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Jun 03 2011, 8:32 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: SUZY ST. JOHN Marion County Public Defender Appellate Division Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana BRIAN REITZ Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BRYAN WARD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1011-CR-1250

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Becky Pierson-Treacy, Judge The Honorable Shatrese M. Flowers, Commissioner Cause No. 49F19-1007-CM-52367

June 3, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Bryan Ward ("Ward") appeals from his conviction for Possession of Paraphernalia, as a Class A misdemeanor1, raising the single issue of whether the trial court erred in denying his motion to suppress evidence obtained from a pat down. We affirm. Facts and Procedural History On July 3, 2010, at around 9:30 p.m., Indianapolis Metropolitan Police Officers Christopher Cooper ("Officer Cooper") and Theodore Cragen ("Officer Cragen") responded to a call regarding a disturbance on Racquet Club Drive. They found Ward and another man arguing with each other, and a crowd of onlookers began gathering about. Officer Cooper's pat down of the unidentified man produced a large knife; Officer Cragen's pat down of Ward produced a glass marijuana pipe. Officer Cragen arrested Ward. On July 4, 2010, Ward was charged with Possession of Paraphernalia.2 On August 20, 2010, Ward filed a motion to suppress evidence, arguing that the pat down was an illegal search. On November 4, 2010, a bench trial was conducted, at which evidence and argument was heard regarding the motion to suppress. The trial court denied the motion to suppress and subsequently found Ward guilty as charged. The court sentenced Ward to 365 days imprisonment with 359 days suspended and six

1

See Ind. Code

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