State v. Schweich

OPINION

HUSPENI, Judge.

This is an appeal from an order suppressing physical evidence of cocaine and drug paraphernalia and also suppressing appellant’s inculpatory statements admitting ownership of these items. The state attempted to introduce this evidence in connection with charges against respondent of possession of cocaine and drug paraphernalia. After an omnibus hearing, the trial court found that the state had used deceit and misrepresentation to obtain respondent’s consent to a warrantless search of his apartment. Consequently, the trial court found respondent’s consent was invalid and…