Smith v. State

Eberhardt, Presiding Judge.

The defendant was tried and convicted of theft by taking an infant car seat, property of Mr. and Mrs. Donald Pardue, from their parked automobile. In his motion to suppress the introduction of the car seat into evidence, the defendant contended that it was seized as the result of an unlawful search because it was made without a warrant and was incident to an unlawful arrest.

The evidence at the motion to suppress hearing showed that at 2:00 a.m. on February 4, 1973, Mrs. Pardue observed the defendant break into a car parked on the street across from her house. Then a…