State v. Dickler

I respectfully dissent. I would reverse the trial court’s granting of defendant’s motion to suppress, which order was entered without *932taking any testimony. Rather, it appears that it was granted in the nature of a default by the state, when the newly-assigned assistant state attorney announced that she had not received notice of hearing on the motion. It is undisputed that defendant sent a timely notice of hearing on his motion to suppress to the state attorney’s office.

I recognize that because the search of Diekler’s condominium was warrantless, the police having responded to a reported fire…