Spangler v. State

Wally D. Spangler [“Spangler”] appeals his judgment of conviction and sentence for possession of cocaine. We reverse.

According to the evidence at trial, on September 11, 2007, law enforcement officers Jason Shor [“Shor”] and Sean Coyle [“Coyle”] were in the area of Sanford’s Redding Gardens community after having conducted surveillance for drug complaints. Shor and Coyle observed a vehicle pull behind apartments in Redding Gardens and park in an area inaccessible to the public. Shor and Coyle approached the observed vehicle, accompanied by a drug detection K-9.

Shor saw two occupants in the…