Davis v. State

I concur in reversing this case. However, I write separately to simply express my concern about the standard of review the State has asked us to apply. The State has asked us “to make an independent determination based on the totality of the circumstances and view the evidence in a light most favorable to the State.”

The standard of review for motions to suppress evidence obtained in warrantless searches is set forth in Ornelas v. United States, 517 U.S. 690 (1996), wherein the Supreme Court held that such cases should be reviewed de novo, and includes 1) “a determination of the historical…