State v. Phillips

The Circuit Court of Lauderdale County granted appellee Gregory Allen Phillips's motion to suppress evidence. The state, appellant here, maintains that the circuit court erred to reversal in so doing.

The trial court's ruling on the motion to suppress will be upheld unless it is clearly erroneous or palpably wrong.United States v. Newbern, 731 F.2d 744 (11th Cir. 1984);Simmons v. State, 368 So.2d 315 (Ala.Cr.App. 1979). The suppression hearing developed the following:

On the evening of September 1, 1985, appellee Phillips and several other people gathered at Phillip Victory's residence, an old…