State v. Stone

Defendant appeals a judgment of conviction for unlawful possession of marijuana, arguing that the trial court erred in denying his motion to suppress. An officer found defendant in a parking lot, observed that he was intoxicated, and decided to take him to a detoxification center. While still standing in the parking lot, the officer told defendant that he would be handcuffed and transported to “detox,” and he asked defendant if he had anything that he was not supposed to have. Defendant responded that he had “weed” in his backpack, which the officer later found pursuant to a consent search.…