State v. Nichols

Banke, Judge.

Dwayne Nichols is charged with the theft of a roto-tiller. The state appeals the grant of the defendant’s motion to suppress the admission of the roto-tiller in evidence.

The owner testified that he inquired of persons living nearby whether they knew anything about a roto-tiller missing from his land. He learned that the defendant had expressed a desire for the roto-tiller and also that the defendant had been on his property two days before the roto-tiller was discovered missing. An officer from the sheriffs department, accompanied by the owner, proceeded to the defendant’s mobile…