State v. Box

Rulon, J.:

The State filed an interlocutory appeal from the trial court’s decision granting defendant Steven E. Box’s motion to suppress evidence. We reverse and remand for further proceedings.

The facts are virtually undisputed and are as follows:

Defendant was charged with being a felon in possession of a firearm and a misdemeanor, obstruction of legal process. Defendant filed a motion to suppress the evidence alleging he did not consent to the search and the search was not justified as a search incident to arrest. The State responded by asserting the search was authorized by consent and under…