State v. Ghaffar

COZORT, Judge.

This appeal is from an order of the trial court granting the defendant’s motion to suppress evidence seized from the trunk of his automobile. Defendant was stopped on an interstate highway for speeding and driving without a seat belt. The officer making the stop testified that the defendant consented to the search. The *282trial court excluded the evidence after concluding that the State failed to satisfy its burden of proving consent. We vacate and remand for a new hearing on defendant’s motion. The facts and procedural history follow.

On 20 February 1987, defendant was arrested and…