Hughes v. State

Appellant, Gary Hughes, appeals his convictions and sentences for possession of a controlled substance with intent to sell and possession of drug paraphernalia, arguing that the trial court erred in denying his dispositive motion to suppress. We agree with Appellant that because his arrest was not supported by probable cause, the items seized during the search incident to the arrest should have been suppressed. We, therefore, reverse Appellant’s convictions and remand.

Appellant, who was charged with possession of marijuana with intent to sell and possession of drug paraphernalia, moved to…