Fritzius v. State

This case is governed by the principles applied in Michigan v. Summers, 452 U. S. 692 (101 SC 2587, 69 LE2d 340) (1981).

First, in connection with the facts, it is notable what is not in evidence. There was no testimony that a reason for the stop was to connect one of the car occupants to drugs, if found, for which the officers had a warrant to search. There was no explanation of what the officer intended to do if one of the occupants was Fallaw. There was no testimony about the information that provided the basis for the warrant. Neither the warrant nor the affidavit is in the record. There…