State v. Rivera

CASANUEVA, Judge.

The State has appealed an order granting the defendant’s motion to suppress. We reverse.

This case involves a slightly unusual procedural circumstance. The defendant originally filed a motion to suppress on which the court held a hearing and issued a detailed order specifying its findings. The court held that the State had proven by the preponderance of the evidence that the defendant had freely and voluntarily consented to the search leading to his arrest, and that his consent was not induced by fear of the police or acquiescence to their authority. Shortly thereafter,…