State v. Peterson

CLARK, Judge.

Gerald D. Peterson appeals from his conviction of burglary second degree and stealing. Reversed.

The case against defendant was based on circumstantial evidence consisting of stolen articles and burglary tools. In this appeal defendant contends that the incriminating evidence was obtained by unlawful search and seizure in violation of rights protected by the Fourth Amendment and that the trial court erred in failing to suppress such evidence in response to defendant’s motion.

A summary of the evidence presented at the suppression motion hearing is necessary to define the legal…