State v. Timson

Defendant, John W. Timson, by motion to suppress before his trial, challenged the constitutionality of the use of evidence seized during a search of his person incident to an arrest which he claims was illegal. The issue of the constitutionality of the arrest and the ensuing search and seizure was decided in defendant’s favor by the Court of Appeals, and we affirm that judgment for the reasons stated herein.

I

The testimony reflected by the record apposite to the issue of the legality of the arrest on December 28, 1971, comes from a witness for the state, Captain Carl Rose.

Upon direct…