State v. Myers (Majority)
Annotate this CaseAppellee was charged with felony possession of drug paraphernalia and misdemeanor possession of a controlled substance. The charges stemmed from a probationary search of the bedroom he rented and sometimes shared with his girlfriend, a probationer. Appellee moved to suppress the evidence on the basis that the warrantless search of his bedroom was conducted without his consent, without probable cause, and without exigent circumstances. After a hearing, the circuit court ruled that the State failed to prove the reasonableness of the warrantless, probationary search as to Appellee because Appellee did not expressly consent to the search. The Supreme Court dismissed the State's appeal, holding that resolution of this case turned on application of its unique facts to the law, and therefore, the correct and uniform administration of the criminal law did not require the Court's review.
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