State v. Hicks

RYDER, Judge.

This is an appeal from an order granting appellee’s motion to suppress evidence. The state argues that granting the motion was error as no search occurred. We agree and reverse.

The undisputed facts establish that while on a predrawn patrol in an area which had experienced previous disturbances, a deputy sheriff observed a vehicle parked on the side of the road with four persons sitting or standing around it. As the deputy approached the vehicle, he observed Hicks stuffing something down into his shorts. Thereafter, he observed a “bulged area” in the appellee’s shorts. Appellee…