State v. Boswell

I respectfully dissent.

The dispositive issue on appeal is whether the trial court erred in denying defendant’s motion to suppress evidence of controlled substances found in defendant’s wallet, where the wallet was in defendant’s possession at the time of his arrest, but was left by him at the scene of his arrest and was retrieved and searched after he was incarcerated. I would affirm the ruling of the trial court denying suppression of the evidence.

After defendant’s initial detention for suspected shoplifting in a grocery store by store personnel, the police were summoned. Upon the arrival of…