State v. Creech

I agree with the majority’s decision that Creech was entitled to neither a mistrial nor to a directed verdict and therefore concur in Parts I and II of the majority’s opinion. Unlike the majority, however, I would hold the trial court did not commit any error, certainly not any prejudicial error, in not conducting a suppression hearing.

The facts in this case bear strong resemblance to the facts found in United States v. Peoples, 748 F. (2d) 934 (4th Cir. 1984), cert. denied, 471 U.S. 1067, 105 S.Ct. 2143, 85 L.Ed. (2d) 500 (1985). There, a police officer walked into the room in which the…