Justia Constitutional Law Opinion Summaries
Articles Posted in Supreme Court of Appeals of West Virginia
State v. Noel
After a jury trial, Defendant was convicted of fleeing in a vehicle, possession with intent to deliver a schedule II controlled substance (cocaine), and possession with intent to deliver a schedule II controlled substance (methamphetamine). Prior to trial, Defendant moved to suppress the evidence a police officer discovered upon searching Defendant’s vehicle, arguing that no probable cause existed for either the traffic stop or the subsequent search. The trial court denied the motion. The Supreme Court reversed Defendant’s convictions and resultant sentences and remanded, holding that the warrantless search of Defendant’s vehicle was unlawful, and therefore, the circuit court erred by not suppressing the evidence found during that search. View "State v. Noel" on Justia Law