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STATE v. LEGG

No. 26732.

536 S.E.2d 110 (2000)

207 W.Va. 686

STATE of West Virginia Plaintiff below, Appellee, v. Terry Lee LEGG, Defendant below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 4, 2000.

Attorney(s) appearing for the Case

Timothy R. Conaway, Esq., Madison, West Virginia, Attorney for Appellant.

Darrell V. McGraw, Jr., Attorney General, Daynus Jividen, Senior Assistant Attorney General, Charleston, West Virginia, Attorneys for the Appellee.

STARCHER, Justice:

The question presented in this case is whether a conservation officer's decision to conduct a game-kill survey to detect violations of hunting laws is sufficient to justify the conservation officer's random stop and search of a vehicle on a public roadway. We hold that it is not.

I.

Facts & Background

On November 24, 1998, the second day of deer rifle season, two conservation officers with the West Virginia...

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