State v. Kaline

The Supreme Court reversed Defendant’s conviction and sentence for possessing a controlled substance (methamphetamine), holding that the circuit court erred by denying Defendant’s motion to suppress evidence obtained from an illegal search and seizure.On appeal, Defendant argued that the search of his person violated the United States Constitution’s prohibition against unreasonable searches and seizures. The State did not obtain a warrant to search Defendant but argued that the search was valid as an investigatory stop under Terry v. Ohio, 392 U.S. 1 (1968). The Supreme Court disagreed, holding (1) because the State failed to identify a reasonable suspicion of criminal activity, Defendant’s search and seizure could not be justified under Terry; and (2) the consent exception to the Fourth Amendment’s warrant requirement did not apply in this case. View "State v. Kaline" on Justia Law