P. v. Davis
Defendant appeals from a judgment following his guilty plea to second degree commercial burglary and possession of a controlled substance. Defendant argues the trial court erred by denying his motion to suppress evidence discovered by the police while conducting an inventory search of his truck.
The Attorney General concedes the trial court should have granted defendants motion. Court agree. The police did not have authority to impound defendants truck, which was parked on private property. Therefore, the warrantless search conducted incident to impounding the truck was unreasonable, and the evidence should have been suppressed. Court reverse the judgment based on defendants guilty plea, and remand the matter with directions to the trial court to grant the motion to suppress. Defendant may then, if he chooses, move to withdraw his guilty plea.
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