Smith v. State

Kenneth Smith timely appeals the judgment and sentence entered after he pleaded nolo contendere to multiple crimes involving possession of cocaine and cannabis. He entered a plea to the charges following the court’s denial of his motion to suppress evidence that was discovered on his person after the arrest. Smith contends that because his arrest was unlawful, the drugs found during the subsequent search should have been suppressed. We agree and reverse the judgment and sentence entered below.1

On the day of his arrest, Smith was standing with a large group of people outside a community store…