State v. Jackson

OPINION

D. KELLY THOMAS, JR., J.,

delivered the opinion of the court,

in which NORMA McGEE OGLE and ALAN E. GLENN, JJ., joined.

A Hamilton County grand jury indicted the defendant, Frank Bennie Jackson, Jr., for possession of cocaine for resale, driving without a license, and failure to stop at a traffic signal. The defendant filed a motion to suppress alleging that the search of his vehicle incident to a custodial arrest was illegal because he should have received a citation in lieu of arrest for driving without a license and running a red light, both class C misdemeanors. At the hearing on the…