State v. Franklin

MESCHKE, Justice.

Todd Allen Franklin appeals from a felony conviction of a felon possessing a firearm, challenging the trial court’s refusal to suppress evidence. We affirm the order of suppression and the judgment of conviction.

One night in January 1994,- near 1:35 A.M., Sheriffs Deputies Terry Gray and Mark Peterson were patrolling just west of Valley City in a marked police car. When they pulled into the parking lot of the Flickertail Motel, they spotted two occupied vehicles among the lineup parked in front of the motel. As the officers drove toward the first vehicle, its occupants got…