- #Reese gets his drivers permit driver
- #Reese gets his drivers permit registration
- #Reese gets his drivers permit trial
- #Reese gets his drivers permit license
#Reese gets his drivers permit license
In carrying out the stop,Īn officer may request a drivers license and vehicle registration, run aĬomputer check, and issue a citation. The Fourth Amendments proscription of unreasonable searches and seizures.
#Reese gets his drivers permit driver
Police officer may order the driver to get out of the vehicle without violating When a vehicle has been lawfully detained for a traffic violation, a Where probable cause exists toīelieve that a traffic violation has occurred, the decision to stop theĪutomobile is reasonable per se. We disagree.Īdams does not appeal the circuit courts order finding James had probableĬause to initiate a traffic stop based on his observation of Adams making a Probable cause, or Adams consent to continue the stop. Traffic stop had been fulfilled, and police had no reasonable suspicion, An appellate court will reverse only whenĪdams maintains the purpose of the initial We are limited in our review of FourthĪmendment search and seizure cases to determining whether there is any evidence To preliminary factual findings in determining the admissibility of certainĮvidence in criminal cases. Unless we find that they are clearly erroneous. We are bound by the circuit courts factual findings In criminal cases, an appellate court only reviewsĮrrors of law. The circuit court either lack evidentiary support or are controlled by an error An abuse of discretion occurs when the conclusions of This appeal followed.Įvidence is within the discretion of the circuit court and will not be reversedĪbsent an abuse of discretion.
#Reese gets his drivers permit trial
Trial was held, and the circuit court found Adams guilty of trafficking cocaine,Īnd sentenced him to twenty-five years imprisonment. The ensuing bench trial, Adams made a motion to suppress the evidence found in Adams vehicle as a product of an illegal search, which was denied. A subsequent search incident to the arrest revealed anĪdditional 11.75 grams of powder that field-testing indicated was cocaine, asĪ grand jury indicted Adams for trafficking in cocaine. The powder, revealing a positive indication for cocaine. Revealed a quantity of white powder in the center console. Of the vehicle while James conducted the search. Officers searched his vehicle without his consent to do so.Īccording to both officers, Reese remained with Adams at the rear Officers permission to search his vehicle, and after he attempted to leave, the Testifying only to the issue of consent, maintained he never granted the Reese testified Adams gave consent to search the vehicle. Reese testified he arrived during this conversation and told Adams you do not have to give consent if you dont want to. Not understand his rights, and that he asked James whether he could say no to Conflicting testimony exists as to whether Adams granted James permission to search his vehicle. While in the presence of Reese, James asked Adams for permission This police dispatch check, a second officer, William Reese came on the scene. Revealed Adams was not the registered owner of the vehicle, and that Adams driving license had previously been suspended as a result of a drug conviction.
#Reese gets his drivers permit registration
Rear of the vehicle while he conducted the registration check. Partially in the roadway, James asked Adams to exit and accompany him to the Potential existence of narcotics, and the safety concerns of James standing īecause of the nervousness displayed by Adams, as well as the Was a box filled with plastic bags in the passenger-side floorboard. Vehicle had numerous air fresheners hanging from his rearview mirror, and there Stuttered slightly when answering his questions. Testified Adams was visibly nervous and unsure during the encounter, and James approached the vehicle and asked Adams to produce hisĭrivers license, vehicle registration, and proof of insurance. James noticedĪdams vehicle make a left turn without first signaling, and thereafter James pulled Over during the officers patrol of the Park Hills area of Spartanburg.
Police Officer Bradford James pulled Adams Adams maintains the purpose of the initial traffic stop had beenįulfilled, and police had no reasonable suspicion, probable cause, or Adams consent to continue the stop. Gowdy, III, of Spartanburg, for Respondent.Īdams appeals the circuit courts failure to grant his motion to suppressĮvidence. Elliott, SeniorĪssistant Attorney General Harold M. McIntosh, Assistant Deputy Attorney General Salley W. Reckenbeil, of Spartanburg, for Appellant.Īttorney General Henry Dargan McMaster, Chief Deputy Attorney
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