State v. Gomez

The State appeals from the circuit court’s order granting appellee’s motion to suppress evidence seized on December 1, 2005, during the search of a vehicle driven by appellee. The State argues that the search of the vehicle’s passenger compartment was legal because it was incident to the lawful arrest of a passenger of the vehicle. We agree and reverse.

Only one witness testified at the suppression hearing in this case. Deputy United States Marshal Dwayne Johnson testified that he is a member of the Fugitive Apprehension Strike Team, or “FAST,” a multi-agency task force charged with…