State v. Perez

ARNOT, III, Chief Justice.

David Francisco Perez was charged by indictment with felony possession of marihuana. The State appeals the trial court’s granting of Perez’s motion to suppress. The trial court suppressed the evidence based on an unreasonable investigative stop, an unlawful arrest, and a warrantless search prior to consent being given. Because the description of the suspect and Perez were so dissimilar and because, considering the totality of the circumstances, the officer did not have specific, articulable facts on which to base the original detention of appellant, we affirm.

The…