State v. Jenkins

The State appeals the lower court’s order suppressing James Arthur Jenkins’ gun, which fell from his waistband as the police detained him on public property in front of a private residence upon which the police were executing a search warrant. According to testimony, Jenkins’ car was parked at the residence. The initial order, prepared by defense counsel, included factual findings, which the State disputed through a motion for rehearing. As a result, the lower court entered a short-form order (1) granting the motion to suppress and (2) denying the motion for rehearing. The lower court made no…