State v. Tonroy

McAnany, J.:

The State appeals the trial court’s suppression of evidence obtained in the course of a search of the apartment of Florida Lee. Finding that the State has failed to establish the lawfulness of the search, we affirm the trial court’s ruling.

Deputy Sheriff Parks and Detective White responded to a complaint that marijuana smoke was emanating from Lee’s apartment. Lee consented to the officers entering her apartment to discuss her neighbor’s complaint. The officers smelled a strong odor of marijuana smoke inside the apartment. There were eight other people in the apartment with Lee.…