State v. Garcia-Garcia

OPINION

HATHAWAY, Judge.

Appellees were indicted for possession of cocaine. The state appeals the trial court’s suppression of evidence seized in an automobile search. Appellant asserts: (1) bullets in plain view in the front seat of the car gave reason to search the passenger compartment for weapons; and, (2) the location of appellees during the search, at the rear of the car and under the control of the officers, did not remove the need to search the car for weapons.

FACTS

Tucson Police Officer Tony Sabori noticed appellees in the well-lighted parking lot of a Jack-in-the-Box at approximately…