Bell v. State

Doyle, Judge.

Following our grant of their applications for interlocutory appeal, John David Bell and Carl Winkler appeal the trial court’s order denying their motions to suppress evidence seized from Bell’s automobile following a traffic stop. We reverse because the officers’ search of Bell’s vehicle for weapons was not justified under the circumstances.

1. Winkler first argues that the trial court’s approval of the State’s previous motion to enter nolle prosequi precluded the State from contesting the motion to suppress. We disagree.

On September 20, 2007, the prosecutor moved to enter nolle…