State v. Merit

The officer's warrantless entry into an apartment without consent or exigent circumstances violated the defendant's Fourth Amendment rights.

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The State appeals the trial court’s order granting Bryan Merit’s motion to suppress evidence. For reasons that follow, we affirm.1 In reviewing the trial court’s ruling on a motion to suppress, we follow three principles: First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.2 Viewed in this manner, the evidence shows that, at approximately 10:00 p.m. on March 17, 2002, the Clarkston Police Department dispatched Officer N. H. Bullock to investigate a residential alarm call at an apartment located in a “high-crime area.” When he arrived at the scene, Bullock saw a pickup truck stopped in front of the apartment building with the engine running. An individual was sitting in the passenger seat, but the driver was not present. Finding the passenger “suspicious,” Bullock called for backup, approached the truck, asked the passenger for identification, and determined that the passenger had several outstanding warrants. Bullock then placed the passenger in his police car.

At that point, Bullock noticed another individual walking from the apartment building. He approached that person, whom he later determined owned the pickup truck, and smelled a strong odor of marijuana. Bullock obtained the individual’s identification, patted him down, discovered a bag of marijuana in his pocket, and arrested him. By that time, backup officers had arrived, and Bullock began searching the pickup truck, where he found what he believed to be crack and powder cocaine. Bullock then questioned the truck owner about the drugs.

State v. Merit

The officer's warrantless entry into an apartment without consent or exigent circumstances violated the defendant's Fourth Amendment rights.

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