Bennett v. State

Bennett appeals his jury conviction of theft of property valued in excess of $100 1 His appeal presents two issues for review:(1) whether the trial court erred in denying his in-trial motion to suppress evidence, and;(2) whether he has twice been “put in jeopardy” in violation of the Fifth Amendment to the United States Constitution.

For reasons stated below, the judgment is reversed.

I

Bennett first contends that the police stop of his vehicle and his arrest were not grounded upon sufficient probable cause and, therefore, the evidence seized as a result thereof should have been excluded.

The…