Simon v. State

HURLEY, Judge.

This appeal contests the validity of a search and seizure. We hold that the police lacked probable cause to search the defendant’s truck and, therefore, we reverse.

At about 5:30 p.m. on Tuesday, April 28, 1981, a deputy sheriff observed the defendant driving a 1979 Ford, four wheel drive, pick-up truck. It “was cream with a brown stripe .... It had a white camper shell that protruded over the top of the cab with two large spot lights on the front of the camper shell. And it had what appeared to be a heavy duty suspension on the four wheel drive vehicle.” Although the vehicle…