People v. Lichtenheld

The State appeals from a judgment which suppressed evidence and dismissed the case after a preliminary hearing. It contends that the officer had probable cause to search and seize 1.99 grams of a substance containing cannabis which formed the basis of the charge against the defendant.

The judge ruled after hearing evidence from the police officer who was the State’s sole witness and without hearing testimony proferred by the defendant. James Gearing, a State patrolman, testified that he was southbound on Route 76 in Boone County at 5:20 a.m. on March 8,1975, when he observed a Volkswagen in…