State v. Burke

The state appeals the trial court’s order which granted a motion to suppress because the state’s key witness, a police officer, failed to appear at the suppression hearing. We affirm.

Arthur Lee Burke was charged with possession of cocaine with intent to sell or deliver, possession of less than 20 grams of marijuana, and resisting an officer without violence. Burke filed a motion to suppress, alleging that he was illegally stopped and seeking exclusion of the evidence obtained as a result of the stop. The motion alleged that police officer Larry Kamphus observed Burke driving a motor vehicle.…