State v. Gabbert

PATRICIA BRECKENRIDGE, Judge.

This is an interlocutory appeal by the State from an order of the trial court suppressing all weapons seized from and statements made by James D. Gabbert during the stop and search that led to his arrest. The State asserts that the trial court erred in sustaining Mr. Gabbert’s motion to suppress because Mr. Gabbert did not have standing to object to the seizure and the seizure was lawful. Specifically, the State claims that the arresting officer was not in an area protected by an expectation of privacy and, even if the initial stop was illegal, the illegality was…