State v. Alpert

*817VAN HOOMISSEN, J.

The state appeals1 a pre-trial order allowing defendant’s motion to suppress property seized from defendant’s car following a stop for a traffic infraction. The issue is whether the police had probable cause to seize a small closed cosmetic case (compact) and a folded bank envelope they observed in plain view on the floorboard of the defendant’s car. The defendant moved to suppress "any and all evidence derived from a search or a seizure regarding the defendant’s vehicle, property and the defendant’s person * * *.”2 The trial court’s order allowed the defendant’s motion in…