Foster v. State

Phipps, Judge.

Brian Foster was charged with possession of cocaine, possession of less than one ounce of marijuana, and possession of cocaine inside the guard lines established at a jail. Foster moved to suppress the contraband on grounds that it was seized incident to an unlawful search. After denying Foster’s motion to suppress, the trial court convicted him of the first two charges at a stipulated bench trial. Foster appeals. Because an application of the law to the facts found by the trial court mandates the conclusion that the search was unlawful, we reverse.

At the hearing on the motion…