State v. Browning

McNULTY, Judge.

This is an interlocutory appeal from an order entered by the trial judge suppressing the fruits of a warrantless search of an automobile driven by appellee. The undisputed statement of the facts is that Officers Howell and Barrington, while on patrol in the early morning hours, observed a male and female in a telephone booth and another male sitting in a 1960 *867Oldsmobile parked by the telephone booth. As the officers passed the booth they noted that the money box was intact, and upon returning shortly thereafter they noticed that the same automobile was in front of the telephone…