People v. Cunningham

The defendant was indicted for criminal possession of a controlled substance in the fifth degree. He moved to suppress the evidence against him on constitutional grounds. The motion was denied after a hearing. He then interposed a plea of guilty to the crime of criminal possession of a controlled substance in the sixth degree, a class D felony. At issue on this appeal are questions of the propriety of the search and seizure and whether there was probable cause for Cunningham’s arrest.

A recitation of the facts is necessary in order to grasp the problem. At about 10:20 on the evening of August…