State v. Howells (Signed Opinion)Annotate this Case
The Supreme Court affirmed the order of the circuit court sentencing Petitioner to two terms of one to five years of imprisonment in connection with his conviction of two counts of delivery of a controlled substance, holding that the circuit court did not err in not suppressing evidence of an audio/video recording of one of the two drug transactions.
On appeal, Petitioner argued that the circuit court erred in refusing to suppress evidence related to one of the drug transactions on the grounds that the evidence was obtained as a result of a recorded transaction within his home without an electronic intercept order issued prior to the transaction. Petitioner argued that this conduct violated State v. Mullens, 650 S.E.2d 169 (W. Va. 2007), and was not in compliance with the Electronic Interception of Conduct or Oral Communications in the Home Act. The Supreme Court affirmed, holding that exigent circumstances prevented law enforcement officers from obtaining an order authorizing the use of an audio/video recorder in Petitioner's home.