State v. Sowers

The state appeals an order suppressing drugs and drug paraphernalia. We reverse.

With the consent of the parties, the trial court utilized the arresting officer’s probable cause affidavit in lieu of live testimony. The officer observed appellee’s car parked in a bar parking lot with two persons inside. They “appeared to be doing something to the dashboard,” but the window tinting obscured the officer’s view. Suspecting a theft or other crime might be in progress, the officer shined his flashlight into the vehicle. He then observed “a plastic box with a white powder in it” sitting on the center…