Washington V. Bowers

Thomas Bowers appeals his conviction of unlawful possession of a controlled substance with intent to deliver. He contends the court erred in denying his motion to suppress fruits of a search incident to arrest, claimed to be illegal for lack of probable cause because information received from an informant did not satisfy the 2-pronged Aguilar-Spinelli test.*fn1 He also contends his Fifth Amendment right against self-incrimination was violated when, during trial, the State called attention to his post-arrest silence during its case in chief and closing argument. We reverse, holding the State lacked probable cause to make the arrest and the trial court erred in refusing to suppress the seized evidence.