State v. Evans

This is an appeal by the state from a circuit court order granting defendant’s motion to suppress as evidence a plastic bag of marihuana seized from defendant’s shirt pocket.

On March 16, 1973, Officers Self and Straughan of the Washington County Sheriff’s Department were in their police car patrolling Banks. At 3:17 a.m., while in an area where there had been “heavy vandalism,” the officers saw a car stop and let defendant and a companion out. Officer Self thought that he recognized one of the individuals as someone who had recently been jailed for narcotics activity, so the officers pulled…