State v. Floyd

The Supreme Court affirmed Defendant’s conviction for possession with intent to deliver non-narcotic controlled substances as a repeat offender, holding that the trial court did not err in denying Defendant’s motion to suppress.A search of Defendant’s person revealed illegal drugs in Defendant’s possession. The search was warrantless but allegedly consensual. Defendant filed a motion to suppress, arguing that the officer extended the traffic stop without reasonable suspicion, and therefore, his consent was void. The circuit court denied the motion after a suppression hearing. Defendant filed a postconviction motion arguing that he received ineffective assistance of counsel at the suppression hearing. The circuit court denied the motion. Defendant appealed the denial of his motion to suppress and the denial of his postconviction motion. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the officer did not extend Defendant’s traffic stop because the request to perform a search of his person was part of the stop’s mission; (2) Defendant was lawfully seized at the time of the request, and Defendant provided his consent to the search freely and voluntarily; and (3) trial counsel did not perform deficiently. View "State v. Floyd" on Justia Law