State v. Douglas

WELLS, Judge.

*596Defendant’s first assignment of error is grounded on the contention that Officer Galliher lacked probable cause to stop and detain defendant and therefore violated defendant’s rights under the Fourth Amendment of the United States Constitution. At the voir dire examination held for the purpose of determining the basis for probable cause for the stop, Officer Galliher testified that his attention was attracted to defendant’s car on 5 March, initially because of a twelve inch piece of cloth hanging out of the trunk over the rear bumper. Galliher also observed that the car’s trunk…