State of West Virginia v. Brian Scott Wood

No. 16-0556 (May 22, 2017) · Supreme Court of Appeals of West Virginia · May 22, 2017 · No. No. 16-0556

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Brian Scott Wood’s motion to suppress evidence obtained during a traffic stop. The court held that officers had reasonable, articulable suspicion based on a named caller’s report of individuals throwing beer bottles from a specifically identified vehicle and the caller’s real-time location information.

Holdings

  1. The officers had a reasonable articulable suspicion to stop Wood's vehicle because an identified caller reported observed unlawful conduct and supplied detailed, contemporaneous information about the vehicle and its location.
  2. Suppression of the subsequently obtained evidence was not warranted because the initial traffic stop was supported by reasonable articulable suspicion.

Questions Presented

  1. Whether officers had a reasonable articulable suspicion to initiate the traffic stop based on information supplied by an identified caller.
  2. Whether evidence obtained during the traffic stop should have been suppressed as fruit of an unlawful seizure.

Disposition

affirmed

Cases Cited (10)

  • Kennedy v. Frazier, 178 W. Va. 10, 357 S.E.2d 43 (1987)(followed)
  • State v. Head, 198 W. Va. 298, 480 S.E.2d 507 (1996)(followed)
  • State v. Georgius, 225 W. Va. 716, 696 S.E.2d 18 (2010)(followed)
  • State v. Lacy, 196 W. Va. 104, 468 S.E.2d 719 (1996)(followed)
  • State v. White, 228 W. Va. 530, 722 S.E.2d 566 (2011)(followed)
  • State v. Bookheimer, 221 W. Va. 720, 656 S.E.2d 471 (2007)(followed)
  • State v. Stuart, 192 W. Va. 428, 452 S.E.2d 886 (1994)(followed)
  • Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996)(distinguished)
  • Dale v. Ciccone, 233 W. Va. 652, 760 S.E.2d 466 (2014)(followed)
  • Navarette v. California, 134 S. Ct. 1683, 188 L. Ed. 2d 680 (2014)(followed)

Cited In (0)

No citing cases on record yet.

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