STATE v. MOORE

No. 14009.

272 S.E.2d 804 (1980)

STATE of West Virginia v. Michael Patrick MOORE.

Supreme Court of Appeals of West Virginia.

November 25, 1980.


Attorney(s) appearing for the Case

Thomas E. Loehr, James W. Pyles, New Martinsville, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., Gregory W. Bailey, James F. Wallington, Asst. Attys. Gen., Charleston, for defendant in error.


MILLER, Justice:

This appeal presents the question of whether a State Police officer had sufficient probable cause to seize and open a paper bag protruding from beneath the seat of an automobile he had stopped for violating our motor vehicle laws. The resolution of this issue will also determine the validity of the subsequent arrest and the admissibility of inculpatory statements made immediately following the arrest.

On May 21, 1975, at approximately 9:10...

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