State v. Crane (Majority)
Annotate this CaseDefendant was charged with drug and firearm offenses. Defendant filed a motion to suppress the items discovered during a search of his person and his minivan. The circuit court granted the motion after a hearing. The State appealed, arguing that the circuit court erred as a matter of law (1) by concluding that additional officer testimony was required to support the pat down of Defendant, and (2) when it found that a warrant was required to search a locked safe discovered in Defendant’s minivan. The Supreme Court dismissed the appeal in part and reversed and remanded in part, holding (1) the State’s first point on appeal is not appealable because it involves the circuit court’s consideration of the particular facts of the case and its determination that those facts did not justify the search of Defendant’s person; and (2) the circuit court erred as a matter of law in finding that, absent exigent circumstances, a warrant was required to search the safe in Defendant’s minivan.
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