State v. Mikie Ash

OPINION

JOSEPH M. TIPTON, Judge.

The state appeals as of right from the Montgomery County Circuit Court’s order dismissing criminal trespass and marijuana possession charges against the defendant upon its determination that he was illegally arrested and searched. The state contends that the defendant was lawfully arrested for criminal trespass and that the marijuana discovered was lawfully found pursuant to the arrest. We reverse the dismissal order and remand the case to the trial court for a determination of whether the defendant had notice that he did not have the owner’s consent to be on…