Carson v. State

Upon trial by the court appellant, Carson, was convicted of unlawful possession of narcotics. Prior to trial the court denied Carson’s motion to suppress the evidence as having been obtained as the result of an unlawful arrest.

At the suppression hearing Carson established, through the arresting officer, that the arrest was made without a warrant and that he had not been arrested for committing a misdemeanor in the officer’s presence.

Once the warrantless arrest was established, the burden was imposed upon the state to show that the police action fell within one of the exceptions to the rule…