State v. T.L.W.

The State charges juvenile appellee with possession of cocaine and marijuana discovered during a traffic stop. The trial court granted the appellee’s motion to suppress all evidence procured as a result of the traffic stop. We reverse and remand for further proceedings. The trial court should first determine whether the State proved by a preponderance of the evidence, rather than by clear and convincing evidence, that the appellee’s consent to the search of the vehicle was given freely and voluntarily.

In the order granting the appellee’s motion to suppress, the trial court found:

that the…