(DOWNLOAD) "Callaway v. State" by Supreme Court of the United States " Book PDF Kindle ePub Free
eBook details
- Title: Callaway v. State
- Author : Supreme Court of the United States
- Release Date : January 03, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The issue presented by Gerald A. Callaway (Callaway) in this case is the legality of a search of his vehicle that resulted in the discovery and seizure of some five ounces of marijuana. Callaway attacks the search by invoking the Fourth Amendment to the Constitution of the United States and Article 1, Section 4 of the Constitution of the State of Wyoming, asserting that if he does not enjoy protection under the Constitution of the United States, the State can afford greater protection under the provisions of the State Constitution. Callaway entered a conditional plea of guilty to a charge of knowingly possessing the marijuana in violation of WYO. STAT. Section 35-7-1031(c)(iii) (Supp. 1995), reserving his right to appeal the adverse ruling of the district court on his motion to suppress the marijuana as evidence. At the suppression hearing, the State relied upon the existence of probable cause to search Callaways vehicle for evidence, and the trial court ruled that probable cause to conduct the search was present. A secondary justification, inventory search, also was articulated. We hold that there was probable cause to search Callaways vehicle for stolen property, and the Judgment and Sentence entered in the district court is affirmed.