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State v. Fisher

The trial court properly granted the defendants' motion to suppress evidence seized pursuant to their illegal arrests.

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After Demarcus Fisher and D’Tori Crawford successfully moved the trial court to suppress contraband found in searches resulting from their arrests, the State appeals the order granting suppression, arguing that police were only briefly detaining Fisher and Crawford based on reasonable suspicion and that during that detention, some drugs were discovered in plain view. The State maintains that this discovery then led to the men’s arrests and to the discovery of more drugs pursuant to searches incident to their arrests. Because evidence supported the trial court’s finding that both defendants were arrested without probable cause and that the drugs were found pursuant to searches incident to those arrests, we affirm. When reviewing a trial court’s ruling on a motion to suppress, we apply the “any evidence” standard, which means that we sustain all trial court’s findings of fact that are supported by any evidence. “We construe all evidence presented in favor of the trial court’s findings and judgment.” Punctuation omitted. Fleming v. State .1 See Tate v. State .2

So construed, the evidence shows that at approximately 1:00 a.m. on June 30, 2007, an officer in his marked patrol car drove onto the premises of a 24-hour gas and convenience store and noticed Crawford standing near the passenger door of a vehicle in the parking lot to the side of the store. As the officer drove toward the vehicle, Crawford saw him and began to walk away, soon breaking into a run. Remaining in his vehicle, the officer chased Crawford, overtaking him within a few minutes and handcuffing and arresting him for obstruction.

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