State v. Cowling

WINDOM, Judge.

The State of Alabama appeals the circuit court’s May 30, 2008 order granting Marvin Tobias Cowling’s “Motion to Suppress.” On January 26, 2007, the Montgomery County Grand Jury issued an indictment charging Cowling with one count of possession of marijuana for other than personal use, a violation of § 13A-12-213, Ala.Code 1975, and one count of possession of drug paraphernalia, a violation of § 13A-12-260, Ala.Code 1975.

On April 10, 2007, Cowling filed a “Motion to Suppress,” in which he argued that the State’s evidence should be suppressed because such evidence was the fruit of…