Banks v. State

OPINION

By the Court,

Mowbray, J.:

A jury found the appellant, Dennis Banks, guilty of robbery with use of a deadly weapon, and first-degree kidnapping. He seeks reversal, claiming that the district judge erred (1) in failing to suppress testimony predicated upon an out-of-court confrontation between Banks and the victim of the robbery at the time of Banks’ arrest and (2) in admitting evidence obtained in a warrantless search of the apartment from which Banks emerged at the scene of his arrest.

I

THE FACTS

On the afternoon when the crimes allegedly occurred, the victim of them, Anthony Silva,…