Bowen v. State

Johnson, Judge.

Margaret Louise Bowen was asleep in the back seat of Sandra Ellis’ car when it was stopped at 2:00 a.m. for weaving and crossing the centerline. Bowen appeals the denial of her motion to suppress the evidence seized as a result of the search of her purse and her subsequent conviction.

1. Bowen contends that the trial court erred in denying the motion to suppress because the warrantless search of her purse was without her consent and not justified by probable cause. We agree.

At the motion to suppress hearing the arresting officer, Sergeant Billy Boney, initially recounted the…