State v. Looney

PREWITT, Presiding Judge.

Defendant was charged with possession of a controlled substance because he “possessed LSD, a controlled substance, knowing of its presence and illegal nature.” Thereafter he filed a motion to suppress evidence. On July 28,1995, the trial court sustained the motion and suppressed the evidence requested. Plaintiff timely filed this appeal. 1

Plaintiff states in its brief that the dispute “is not about the facts but over the law” and “that the circuit court could find the facts as it did.” The facts so found are set out hereafter.

In this case, the arresting officers were…