State v. Shrum

OPINION

DROWOTA, Justice.

We granted the State’s Rule 11 application for permission to appeal in order to consider two issues raised by the State: (1) whether the search of the car in which the Defendants were riding and the seizure of stolen tires from that car were reasonable under the Fourth Amendment, and (2) if the seizure was illegal, can the State retry the Defendants on other evidence, or does double jeopardy bar retrial.

THE FACTS

The Defendants Shelby Shrum and her son Johnny Tittle (Shrum), lived in a trailer with Ronnie Kerr. The State’s proof, supported by the testimony of Ronnie…