Cates v. State

(specially concurring).

The judicial determination of the validity of a search under constitutional or statutory attack must, as this Court has so often had occasion to note, depend upon the facts and circumstances surrounding the search. In the ordinary case, those facts are, at best, only tangentially related to the facts to be proved at the trial of the case upon its merits. Therefore, there can be no doubt that when the accused in a criminal prosecution challenges the validity of a search by making a timely motion to suppress evidence, he is entitled, upon proper request, to a hearing on…