State v. Sanders

PAUL M. SPINDEN, Judge.

The state charged Victor Sanders with possessing a controlled substance. Sanders responded to the state’s charges by filing a motion to suppress the evidence that officers obtained while searching him and his vehicle. The circuit court sustained Sanders’ motion to suppress, and *350the state filed this interlocutory appeal. Because the circuit court refused to resolve the factual issues before it and erroneously applied the wrong burden of proof, we reverse and remand to the circuit court for further proceedings.

At the suppression hearing, the state presented evidence that…