History
  • No items yet
midpage
State v. Dunbar
728 S.E.2d 539
W. Va.
2012
Read the full case

Background

  • Officer stopped a vehicle for a missing passenger side mirror, with Petitioner as a passenger.
  • Canine unit indicated presence of drugs after the stop.
  • Search of the vehicle yielded a substantial quantity of controlled substances.
  • Petitioner was indicted on three counts; moved to suppress evidence from the stop.
  • Petitioner pled guilty to one count with a Kennedy plea and reserved appeal on the suppression denial.
  • Appellate court reversed the trial court, remanding to dismiss the conviction for lack of suppression-compliant stop.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the stop was supported by reasonable suspicion Dunbar contends missing mirror not a statutory basis for stop State argues defective equipment justifies stop Yes; stop improper absent statutory defect justification.
Whether the stop’s duration violated Fourth Amendment Detention extended beyond ticket/warning without suspicion Officer extended stop lawfully to investigate drugs Yes; prolonged detention without articulable suspicion invalid.

Key Cases Cited

  • United States v. Arvizu, 534 U.S. 266 (U.S. 2002) (courts evaluate totality of circumstances for reasonable suspicion in stops)
  • Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes investigatory stop standard with articulable suspicion)
  • Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (limits duration of traffic stops absent suspicion or consent)
  • State v. Stuart, 192 W.Va. 428, 452 S.E.2d 886 (1994) (recognizes articulable reasonable suspicion for traffic stops)
  • Strick v. Cicchirillo, 224 W.Va. 240, 683 S.E.2d 575 (2009) (distinguishes defective taillight stops; no passenger mirror requirement)
Read the full case

Case Details

Case Name: State v. Dunbar
Court Name: West Virginia Supreme Court
Date Published: Jun 13, 2012
Citation: 728 S.E.2d 539
Docket Number: No. 11-0555
Court Abbreviation: W. Va.