Shay v. State

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The Supreme Court reversed Defendant’s conviction of possession of methamphetamine, holding that the circuit court erred by denying Defendant’s motion to suppress because the search of Defendant’s wallet violated the Fourth Amendment of the United States Constitution. Defendant was arrested and charged with possession of methamphetamine after the arresting officer discovered the drug in Defendant’s wallet. In his suppression motion, Defendant argued that the officer did not have a reasonable, articulable suspicion to search him for weapons and lacked probable cause or reasonable suspicion to search his wallet. The Supreme Court agreed, holding that the officer did not have probable cause to search Defendant’s wallet, and because Defendant did not consent to the search of his wallet, the search violated the Fourth Amendment. View "Shay v. State" on Justia Law