State v. Moore

OPINION

SULLIVAN, Judge.

Appellant, the State of Indiana, appeals from the trial court's granting of Frank Moore's Motion to Suppress Evidence discovered during the search of an automobile which he had been driving. The State presents one issue for our review, which we restate as whether the arresting officer could properly search the passenger compartment of the vehicle as a search incident to arrest or for officer safety. Moore also presents one issue upon appeal: whether the appeal should have been dismissed because of the State's failure to seek from this court an order compelling the trial…