State v. Simons

Defendant was charged with possession of a controlled substance. He entered a plea of not guilty, after which he moved to suppress all evidence obtained as a result of a warrantless search of a tobacco can and of the automobile from which it was seized and in which he was a passenger. His motion was denied 1 and, in a jury trial, he was convicted. On appeal, he assigns error to the denial of his motion.

The trial court denied the motion to suppress without an evidentiary hearing. So far as the record shows, the facts that the trial court had before it came from the affidavit of defendant’s…