State v. Smithers

The defendant was charged with the possession of marijuana under I.C. 1971, 35-24-1-2, being Burns § 10-3520 (c). Prior to trial the defendant filed a motion to suppress the marijuana and the evidence concerning its seizure on the grounds that it had been obtained in violation of defendant’s constitutional rights. The trial court granted defendant’s motion and ultimately the defendant was acquitted in a trial without jury. The State appeals on a reserved question of law pursuant to I.C. 1971, 35-1-43-1, being Burns § 9-*5142101, alleging that the trial court erred in suppressing the evidence;

T…