State v. Biber
Annotate this CaseDefendant Benzion Biber was indicted for felonious possession of cocaine. Prior to trial defendant filed a motion to suppress evidence. The trial court denied the motion. Defendant appealed, arguing that the trial court's ruling on his suppression motion was erroneous in that the officers lacked probable cause to arrest him for constructive possession of the powdery substance found in his motel room and thus evidence of the crack rocks for which defendant was convicted should be excluded as the fruit of an unlawful seizure. The court of appeals reversed. At issue was whether the trial court was correct in implicitly concluding that the officers had probable cause to arrest defendant for possession of a controlled substance. The Supreme Court reversed the judgment of the appellate court, holding (1) the trial court's findings of fact supported probable cause to arrest defendant for possession of a controlled substance, and (2) the appellate court majority utilized an incorrect evidentiary standard to determine probable cause.
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