State v. Scruggs

GERSTEN, Judge.

This is an appeal from an order suppressing evidence and a statement. We reverse and remand.

Appellee,- Brian Scruggs, was charged with possession of cocaine. Appel-lee filed a motion to suppress the cocaine, alleging he had been stopped without a founded suspicion of criminal activity; therefore, the subsequent search of him was illegal.

The State asserts the trial court erred in granting the motion to suppress, because the uncontradicted evidence established a consensual police-citizen encounter between the police and appellee. Appellee contends that the encounter was not a…