Nelson v. State

MlKELL, Judge.

We granted Floyd S. Nelson’s application for interlocutory appeal of the trial court’s order denying his motion to suppress marijuana seized at his residence during a consent search. Nelson contends that the trial court erred in ruling that a “protective sweep” was justified under the totality of the circumstances. He further argues that the illegality of the sweep tainted the consent to search obtained from another occupant of the residence. Because the contraband was not discovered during the “protective sweep,” and the evidence otherwise supports the trial court’s ruling, we…