State v. Ballard

OPINION

PRICE, J.,

delivered the unanimous opinion of the Court.

Appellee was charged with the offense of driving while intoxicated. He filed a motion to suppress, alleging that items seized from his vehicle were the fruits of an illegal search, undertaken pursuant to an unlawful detention and arrest. The trial court denied the motion as to the lawfulness of the arrest, but granted the motion as to the search. The State appealed. In an unpublished opinion, the Court of Appeals reversed the judgment and remanded the cause to the trial court, holding; that the trial court abused its discretion in…