State v. Ayala

OPINION

DRUKE, Chief Judge.

The state has appealed from the order of the trial court suppressing appellee’s statements and evidence seized from his house. Appellee was charged with burglary, theft and trafficking in stolen property. Following the suppression order, the charges were dismissed without prejudice and this appeal followed.

The essential facts preceding the search and seizure are undisputed. The police received an anonymous tip that appellee and another were responsible for the break-in at a local business. The next morning shortly before 7 a.m., Detective Acosta and Sergeant Cruz…