State v. Simm

State appeals an order granting a motion to suppress evidence. We reverse and remand.

Appellee, Patrick Joseph Simm, was arrested and charged with possession of cocaine found during a search of his car. Claiming that the search was illegal, appel-lee sought to exclude the cocaine. The State claimed that the evidence was seized after appellee voluntarily consented to the search.

During the hearing on appellee’s motion to suppress, the State presented the deposition of three police officers present when the alleged consent was given. Appellee presented no testimony or affidavits, and the sole…