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Frost v. State

The defendant waived his right to contest the admissibility of the evidence, as the trial court never ruled on his motion to suppress and he did not object when the evidence was offered at trial.

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Jeffrey James Frost was convicted of possessing cocaine,1 possessing less than one ounce of marijuana,2 and obstruction of a law enforcement officer.3 He appeals, arguing that the trial court erred by denying his motion to suppress. Because Frost waived his right to contest the admissibility of the evidence, we affirm.

Frost was arrested and charged with possessing cocaine, possessing marijuana, and obstructing a law enforcement officer. Thereafter, Frost filed a motion to suppress the drugs found on him during a search incident to his arrest for obstruction. The trial court conducted a hearing, and at the conclusion of the evidence and argument, took a brief recess to read case law submitted by the parties. The judge then returned to the courtroom and advised the parties that he wanted to conduct additional research, and he released the parties and the jurors4 until the following morning, explaining that he would contact the lawyers with a ruling later that afternoon.

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