State v. Schwartz

Ruffin, Presiding Judge.

The State charged Bradley and Elizabeth Schwartz with possession of marijuana with intent to distribute and possession of more than one ounce of marijuana. Before trial, the Schwartzes moved to suppress all evidence seized from their home, including the marijuana. The trial court granted the motion, and the State appeals. For reasons that follow, we affirm.

In reviewing the trial court’s ruling on a motion to suppress, we follow three general principles:

First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge…