Morning v. State

HERSEY, Judge.

At the close of the state’s evidence during a probation revocation hearing, appellant raised, for the first time, the illegality of the stop which resulted in an alleged “inventory search” and the seizure of incriminating evidence by law enforcement personnel. The trial court denied appellant’s motion to suppress as untimely.

Appellant was arrested for the incident which constituted a violation of the conditions of his probation on or about July 31, 1981. He first appeared before the trial judge on August 12, 1981 at which time the public defender was appointed to defend him. On…