Whisnant v. State

Appellant pleaded nolo contendere to aiding or assisting in conducting a lottery, reserving his right to appeal the denial of his motion to suppress. We affirm.

Appellant contends the court erred in denying his motion to suppress tangible evidence as his arrest was illegal in that it was not based on probable cause. The facts show that appellant had been under surveillance and officers had observed appellant exchange packages containing lottery pads. These exchanges were made with a person known to be connected with the lottery organization. However, immediately prior to the arrest the…