State v. Gunter

OPINION

LARSEN, Justice.

Appellee was indicted for the offense of delivery of a controlled substance; to wit, cocaine. The indictment alleged four counts of delivery of cocaine, each delivery less than twenty-eight grams. The state brings this appeal from an order granting appellee’s motion to suppress evidence. The motion to suppress was granted on the basis of a violation of the federal Posse Comitatus Act, 18 U.S.C.A § 1385 (1984). We reverse.

No findings of fact or conclusions of law were made in this case. Our decision here is based on the testimony adduced at the hearing on appellee’s…