State v. K.S.

The State appeals an order granting KS.’s motion to suppress a firearm seized during a search of K.S.’s vehicle and K.S.’s statements to law enforcement relating to his ownership or use of the firearm. Because the circumstances surrounding K.S.’s arrest did not justify a search incident to a lawful arrest, we conclude that the search was unreasonable and that the trial court properly granted the motion to suppress based on Arizona v. Gant, — U.S.-, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009). Accordingly, we affirm.

At the hearing on K.S.’s motion to suppress, an officer of the St. Petersburg…