State v. Davis

Johnson, Judge.

Stallan Davis gave consent to be searched by a police officer. During the search, the officer saw Davis place suspected cocaine on a nearby wall. Davis was charged with possession of cocaine with intent to distribute. Davis filed a pre-trial motion to suppress admission of the cocaine into evidence. The trial court granted the motion, holding that Davis was unlawfully detained without reasonable suspicion, thereby tainting the consent search. The State appeals.

“Supreme Court holdings sculpt out, at least theoretically, three tiers of police-citizen encounters: (1) communication…