The state appeals from an order suppressing contraband — marihuana and peyote — seized from the defendant’s automobile. As the trial judge found, the police had probable cause to think that defendant’s automobile contained the contraband. The police, without a warrant, seized the automobile which was on the parking lot maintained by defendant’s employer for employes, and had it towed to the police garage. The police thereafter obtained a search warrant.
The trial judge held that in addition to probable cause, exigent circumstances to seize or search an operable automobile must exist before such can be done without a warrant. This was error.
See State v. Greene,
Reversed and remanded.