People v. Keesler

OPINION OF THE COURT

Memorandum.

Judgment of conviction reversed on the law, motion to suppress physical evidence granted, and matter remanded for further proceedings.

At approximately 12:40 a.m. on March 8, 2005, Police Officer Anthony Vicaretti observed defendant sleeping behind the wheel of a white Ford truck parked awkwardly in the lot behind Village Hall with the engine running and lights on. When the officer approached the vehicle, he saw an object between defendant’s legs which appeared to be a scope. Upon awakening, defendant told him the item was a “spotting scope,” but the officer did…