State v. Clayton

PARKER, Judge,

specially concurring.

Although the state may have had sufficient evidence to prevail at a hearing on the defendant’s motion to suppress seized marijuana plants, I concur that the trial court’s order granting the motion to suppress must be affirmed.

The motion alleged that this was a war-rantless search. Neither the state nor the defendant presented any evidence or testimony at the suppression hearing. The defendant’s counsel informed the trial court that the facts in this case were the same as another case1 which the trial court apparently recently heard. The defense attorney then…