State v. McCray

The state appeals the trial court’s order which granted Carlton McCray’s motion to suppress cocaine found in McCray’s hat. We reverse because the search was incident to an arrest.

Although McCray’s motion sought to suppress “all evidence, statements, contraband, pills, and drugs,” the evidentiary hearing on his motion and the single issue argued by both McCray and the state in this appeal dealt only with the cocaine seized in McCray’s hat. We, therefore, shall address only the issue of the seizure of cocaine in this appeal.

The evidence adduced at the hearing on the motion to suppress revealed…