State v. Baxter

GRIMES, Chief Judge.

By this appeal, the state challenges the standard used by the trial court in granting the defendants’ motions to suppress.

The state filed an information charging defendants Baxter and Hamilton with burglary and grand theft. Thereafter both defendants filed motions to suppress evidence, and defendant Hamilton also filed a motion to suppress a confession. At the hearing on these motions, Polk County Sheriff’s Deputy Merle Bullard testified that while on patrol he had spotted the two defendants driving a truck through rural Polk County in the early hours of March 2, 1979,…