State v. Tucker

Frank Holt, Justice.

The appellee was charged with first degree murder. Following an in-chambers hearing, the court granted appellee’s motion to suppress certain evidence seized pursuant to a warrantless search of an apartment he shared with the victim of the alleged murder. Hence, the state brings this interlocutory appeal. Ark. Rules of Crim. Pro., Rule 36.10. The sole issue presented is whether the appellee had abandoned the premises. The state argues that appellee’s Fourth Amendment rights were not violated by the warrantless search inasmuch as the appellee had effectively abandoned the…