State of West Virginia v. Larry M. DeFrietas, 16-0990

Deputy observed a blue Jeep stopped at the roadside and petitioner (wearing camouflage) standing outside; deputy returned and briefly spoke with petitioner.
Petitioner produced identification that the deputy believed was fake; as deputy checked it, petitioner got into the Jeep and fled.
Deputy initiated pursuit with lights and siren after petitioner drove erratically, sped through intersections, and allegedly forced other vehicles off the road.
Vehicle stopped when it became stuck; petitioner admitted to having drugs on his person and officers found a firearm plus heroin, methamphetamine, and marijuana in the vehicle after a warrant search.
Petitioner was indicted on five felonies (fleeing, unlawful firearm possession, and three separate counts for controlled substances) and later convicted on fleeing, firearm possession, and three misdemeanor possession counts; a recidivist finding added five years.
Petitioner appealed, arguing the stop was unlawful (motion to suppress denied) and that multiple possession counts violated double jeopardy; the Supreme Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of stop / suppression	Stop was valid because deputy had reasonable suspicion after flight and erratic driving	Stop was invalid because initial contact/stop lacked reasonable articulable suspicion	Held: No error — initial contact was consensual; flight and subsequent driving supplied reasonable suspicion to pursue and stop
Multiple possession counts / double jeopardy	State: multiple counts were proper and no contemporaneous objection was made below	DeFrietas: convicting him on separate possession counts for three controlled substances violated double jeopardy	Held: Waived — failure to object at trial forfeited double jeopardy claim; no relief granted

State v. Head, 198 W.Va. 298, 480 S.E.2d 507 (standard of review for circuit court findings and legal questions)
State v. Lacy, 196 W.Va. 104, 468 S.E.2d 719 (review standards for motions to suppress)
State v. Stuart, 192 W.Va. 428, 452 S.E.2d 886 (officer may stop vehicle on articulable reasonable suspicion; erratic driving is significant)
Ullom v. Miller, 227 W.Va. 1, 705 S.E.2d 111 (consensual encounters that do not amount to seizures)
State v. Asbury, 187 W.Va. 87, 415 S.E.2d 891 (failure to object at trial generally waives appellate review)
State v. Carroll, 150 W.Va. 765, 149 S.E.2d 309 (double jeopardy defense may be waived if not timely raised)