#### STATE OF NORTH CAROLINA v. KELCIE LEE ANDREW MORTON

No. 347A09

(Filed 11 December 2009)

Search and Seizure— frisk of defendant for weapons — reasonable suspicion

The decision of the Court of Appeals that the trial court erred by denying defendant’s motion to suppress scales and cocaine seized during a search of defendant’s person is reversed for the reason stated in the Court of Appeals dissenting opinion that, under the totality of the circumstances, officers had reasonable suspicion to frisk defendant for a weapon based upon a confidential informant’s tip that defendant was involved in a recent drive-by shooting, the fact defendant was wearing gang colors, and information received from other informants and anonymous tipsters that defendant was selling drugs in the area.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 198 N.C. App.-, 679 S.E.2d 437 (2009), vacating judgments entered 25 April 2008 by Judge W. Osmond Smith, III in Superior Court, Person County. Heard in the Supreme Court 18 November 2009.

Roy Cooper, Attorney General, by Derrick C. Mertz, Assistant Attorney General, for the State-appellant.

Mercedes O. Chut for defendant-appellee.

*738PER CURIAM.

For the reasons stated in Section I of the dissenting opinion, the decision of the Court of Appeals is reversed. The case is remanded to the Court of Appeals for consideration of the remaining issues.

REVERSED AND REMANDED.