State v. Armstrong

Cooper, Judge.

The State appeals the trial court’s grant of appellee’s motion to suppress. Specifically, the State contends the court erred in granting the motion on the basis of facts and law not alleged in appellee’s written motion.

Appellee was indicted for possession of cocaine, and in his motion to suppress, appellee questioned the existence of probable cause for the search. Appellee subsequently amended the motion to suppress to allege, in addition, that there was insufficient probable cause for a general search of the premises when there was arguably only probable cause for the search of…