State v. Will

OPINION

BIRDSALL, Judge.

This appeal by the state questions the trial court’s order suppressing certain physical evidence. The state attempts to justify reversal on either the theory that the evidence was lawfully seized pursuant to A.R.S. § 13-106(B)(4) or on Fourth Amendment probable cause grounds. The police in the instant case seized the appellee’s pickup truck and upon searching it found a package which they believed contained cocaine. A warrant was obtained to search the package, but when it was opened it was found to contain quaaludes, a prohibited dangerous drug. The appellee was…