State v. Moses

SCHEB, Acting Chief Judge.

The state seeks certiorari review of a decision of the Circuit Court of the Sixth Judicial Circuit sitting in its appellate capacity. We grant the petition for writ of certiorari.

The state charged respondent Randall Moses with possession of less than 20 grams of marijuana and possession of drug paraphernalia, both misdemeanors. Moses moved to suppress the contraband as the product of an unlawful search. The county court upheld the search, but on appeal the circuit court held that the evidence should have been suppressed. We believe that in doing so the court departed…