Fountain v. State

Fountain appeals from an adjudication of guilt and three years sentence following a non-jury trial on the charge of buying, receiving or concealing stolen property. The point raised is whether reversible error was committed by the trial court’s denial of his motion to suppress evidence which he claims was the fruit of an unreasonable search and seizure of his automobile without a search warrant.

While on patrol in his patrol car, a detective received a radio message to look for a small red foreign type car with an Alaska license tag and damage on one side. The car was supposed to be occupied…