[Download] "State V. Eady" by Connecticut Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: State V. Eady
- Author : Connecticut Supreme Court
- Release Date : January 06, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
The defendant, Patrick S. Eady, was charged in an information with illegal possession of narcotics in violation of General Statutes § 21a-279 (a), *fn1 illegal possession of narcotics with intent to sell in violation of General Statutes § 21a-277 (b), *fn2 illegal possession of marijuana in violation of General Statutes § 21a-279 (c) *fn3 and illegal possession of marijuana with intent to sell in violation of General Statutes § 21a-277 (a). *fn4 Prior to trial, the defendant moved, pursuant to Practice Book § 820 et seq., now § 41-12 et seq., and General Statutes § 54-33f, to suppress illicit drugs seized during a search of his residence. The defendant maintained that the warrantless search and the subsequent seizure of the drugs violated his rights under the fourth amendment to the United States constitution and article first, § 7, of the Connecticut constitution. After a hearing, the trial court granted the defendant's motion to suppress. Subsequently, pursuant to General Statutes § 54-56, *fn5 the defendant moved to dismiss the charges against him for lack of sufficient evidence. The court granted the defendant's motion to dismiss. The state, on the granting of permission by the trial court, appealed from the trial court's judgment to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 65-1 and General Statutes § 51-199 (c). The appeal originally was argued before a five Judge court. See State v. Eady, 245 Conn. 464, ___ A.2d ___ (1998). Thereafter, we granted the state's motion for en banc reconsideration pursuant to Practice Book § 71-5. See, e.g., State v. Brown, 235 Conn. 502, 506, 668 A.2d 1288 (1995); State v. Chapman, 229 Conn. 529, 532, 643 A.2d 1213 (1994); State v. Medina, 228 Conn. 281, 284 n.4, 636 A.2d 351 (1994). We now reverse the judgment of the trial court.