State v. Ellis

BISTLINE, Justice.

Defendant Ellis has appealed his conviction of grand larceny on the ground that there was an impermissible search of the trunk of an automobile in his possession, followed by a later seizure of incriminating evidence which was in that trunk. Defendant alleges both the search and the seizure were unlawful and the evidence should have been excluded. We find no error and affirm.

The evidence touching on the exclusionary issue is without dispute. At or about 1:25 a. m. on the morning of January 12, 1977, officers were dispatched to the scene of a suspected on-going theft. Upon…