Summary
The South Carolina Supreme Court affirmed the denial of Kenneth Darrell Morris II’s motion to suppress ecstasy and marijuana discovered during a traffic stop. The court held that the officers had reasonable suspicion to extend the stop and probable cause under the automobile exception to search the entire vehicle, including the trunk, despite the drug dog’s failure to alert. Two justices dissented, concluding that the dog’s failure to alert undermined probable cause.
Holdings
- The officers had reasonable suspicion of criminal activity to extend the traffic stop beyond its routine traffic-related purposes, and the approximately thirteen-minute duration of the stop was not unlawfully prolonged.
- The officers had probable cause under the automobile exception to search the entire vehicle, including the trunk.
Questions Presented
- Whether the officers had reasonable suspicion of criminal activity sufficient to extend the traffic stop and ask questions beyond the routine traffic-stop inquiries.
- Whether the officers had probable cause under the automobile exception to conduct a warrantless search of the entire vehicle, including the trunk.
Disposition
affirmed
Cases Cited (22)
- State v. Wilson, 345 S.C. 1, 545 S.E.2d 827 (2001)(followed)
- State v. Wright, 391 S.C. 436, 706 S.E.2d 324 (2011)(followed)
- State v. Missouri, 361 S.C. 107, 603 S.E.2d 594 (2004)(followed)
- State v. Maybank, 352 S.C. 310, 573 S.E.2d 851 (Ct. App. 2002)(followed)
- State v. Tindall, 388 S.C. 518, 698 S.E.2d 203 (2010)(followed)
- United States v. Cortez, 449 U.S. 411 (1981)(followed)
- United States v. Foreman, 369 F.3d 776 (4th Cir. 2004)(followed)
- State v. Provet, 405 S.C. 101, 747 S.E.2d 453 (2013)(followed)
- State v. Tutton, 354 S.C. 319, 580 S.E.2d 186 (Ct. App. 2003)(followed)
- State v. Weaver, 374 S.C. 313, 649 S.E.2d 479 (2007)(followed)
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Cited In (0)
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Court Document
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