State v. Lasley

The opinion of the court was delivered by

Foth, C.:

Defendant was convicted of first degree robbery and he appeals. His sole contention is that certain evidence admitted at his trial was acquired as the result of an illegal search and seizure and should have been suppressed on his pre-trial motion.

The state justifies the search and seizure as being incidental to a lawful arrest. Defendant counters by alleging that the arresting officer lacked probable cause to make the arrest, and this is the issue on which the case turns.

On June 6, 1970, shortly before 12:30 p. m. an attendant at John’s Derby…