State v. Jones (Majority)Annotate this Case
Appellee's husband, a parolee, resided with Appellee. After a parole agent determined that a parole search of the residence was warranted, the parole officer and other police officers searched the residence. Appellee was subsequently charged with possession of methamphetamine and possession of drug paraphernalia. Prior to trial, Appellee filed a motion to suppress, alleging (1) police officers conducted the search without a warrant, without consent, and without reasonable cause; and (2) her arrest exceeded the authority of the parole officer. The circuit court granted Appellee's motion to suppress, ruling that reasonable grounds for a parole search must exist and more-than-minimal police involvement was necessary in the parole search at issue. The Supreme Court dismissed for lack of a proper State appeal where (1) the State's appeal involved only the application of a rule or statute; and (2) because the trial court acted on a mixed question of law and fact, the matter was not appealable by the State.