State v. Martin

This is a case in which the majority holds that no probable cause existed to arrest defendant for possession and delivery of a controlled substance. Accordingly, it upholds the trial court’s allowance of defendant’s motion to suppress crack cocaine seized from him incident to arrest. I believe that the majority fails to take all of the pertinent facts properly into account and, as a result, that its analysis is faulty.

“Probable cause to arrest” requires in this case that there be a substantial objective basis for believing that, more likely than not, defendant delivered a controlled substance…