State v. Williams

This is an appeal from an order granting a motion to suppress evidence in a drug case.

The officer observed an automobile being driven in an erratic fashion. It was on an empty lot next to a residence and across the street from a bar. The lot was used for parking by various persons, including bar patrons, and apparently was open to public use. The officer, suspicious that the automobile might have been stolen, checked and determined it was not, but while checking the car detected the smell of marijuana emanating from a slightly open window. Peering further into the ear the officer saw a small…