State v. KingAnnotate this Case
Defendant was placed under arrest for theft in the fourth degree. At the time of the arrest, Defendant was issued a trespass warning. Defendant subsequently violated the trespass warning. That violation was used as the underlying basis for Defendant’s ensuing charge of burglary in the second degree. Defendant filed a motion to dismiss, contending that the State’s reliance on the written trespass warning failed to establish probable cause that he violated the second-degree burglary statute. The circuit court granted Defendant’s motion to dismiss. The intermediate court of appeals reversed, concluding that there was probable cause to support the charge of burglary in the second degree. The Supreme Court reversed, holding (1) the violation of a trespass warning may not be used as an underlying basis for a charge of second-degree burglary; and (2) the circuit court did not err in concluding that there was no probable cause to support the felony information.