State v. Presley

DAUKSCH, Judge.

This is an appeal from an order granting a motion to suppress evidence in a criminal ease.

Appellee was arrested for disorderly intoxication,1 searched incident to that arrest and illegal drugs were found and seized.

The issue on appeal is whether the trial judge applied the proper legal standard when considering the motion to suppress. It is our conclusion he did not and therefore we reverse. When considering whether a police officer lawfully arrests someone without a warrant, for a misdemeanor, the court determines whether the officer had substantial reason to believe the…