State v. Hogans

MILLER, Chief Judge.

Following an evidentiary hearing, the trial court granted Randall Sebastian Hogans’s motion to suppress the contraband seized from his vehicle. The State appeals, claiming that the trial court erred in finding that a law enforcement officer was not permitted to ask a third party for consent to search Hogans’s vehicle during a first-tier encounter. We agree with the State that under the circumstances the officer was permitted to ask for consent to search. We reverse and remand with direction that the trial court reconsider the motion to suppress because the trial court’s…