State v. Henry

OPINION

Opinion by: TOM RICKHOFF, Justice.

The State brings this appeal from an order granting a defendant’s motion to suppress. For the reasons that follow, we will reverse and remand.

Background

After stopping Scott Allen Henry for speeding, a law enforcement officer discovered marijuana and cocaine in his vehicle. Henry was charged with misdemeanor possession of marijuana in county court. He filed a motion to suppress the marijuana, contending that it was discovered in an illegal search. The county court granted the motion to suppress. Rather than appealing the court’s ruling, an assistant…