State v. Litchfield

OPINION

KIRSCH, Chief Judge.

Following remand, the State appeals the trial court’s grant of Patrick and Susan May Litchfield’s motion to suppress evidence, which effectively precluded the Litchfields’ prosecution for possession of marijuana 1 as a Class D felony, and maintaining a common nuisance, 2 a Class D felony. The State raises the following issue: whether the trial court erred in finding that the State did not have an articu-lable individualized suspicion of criminal activity prior to seizing and searching the Litchfields’ trash.

We affirm.

FACTS AND PROCEDURAL HISTORY

The facts most…