State v. Rodriguez

SWANSTROM, Judge.

Juan Rodriguez entered a conditional plea of guilty to possession of a controlled substance, reserving his right on appeal to challenge the district court’s denial of his motion to suppress. The controlled substance, cocaine, was found in Rodriguez’ possession when he was searched upon his arrest for carrying in his vehicle a concealed weapon. The issue on appeal is whether there was probable cause to arrest Rodriguez on the weapon charge. We conclude that there was no probable cause to believe Rodriguez had committed a crime; therefore, we vacate the judgment of conviction…