State v. Field

Carley, Judge.

An accusation was filed charging appellee with possession of less than one ounce of marijuana. Appellee filed a pre-trial motion to suppress, asserting that the marijuana had been seized in an unlawful search of her apartment.

After conducting a hearing on appellee’s motion, the trial court indicated it was making the following factual determinations: At the time that the marijuana was discovered, police officers were lawfully present in appellee’s apartment for the purpose of arresting her on unrelated charges. While present in the apartment for this lawful purpose, one officer…