Smith v. State

Appellant was charged by affidavit with two counts of first degree burglary. Trial by jury in the Lake County Criminal Court resulted in a conviction on both counts and appellant was sentenced to ten to twenty years in prison on each count.

A. Appellant’s first contention is that the trial court erred in denying appellant’s motion to suppress certain evidence seized by the police from appellant’s car after his arrest.

Since the items were taken from appellant’s possession without a warrant the burden was on the appellee at the suppression hearing to show that the police action fell within one…