Baymon v. State

NORTHCUTT, Judge.

Edward Baymon challenges the denial of his motion to suppress, which he preserved for appeal when pleading guilty to possession of cocaine and marijuana and to disorderly conduct. We reverse because the contraband was seized in a search incident to an unlawful arrest.

At the suppression hearing, Deanna Es-tep testified that Baymon was irate and loud with her, so she called the police. Deputy Bennett testified that he responded to a call about a neighborhood disturbance. When he arrived, Baymon walked toward him “aggressively with his hands in the air.” Baymon then put his…