Davis v. State

MEMORANDUM OPINION

CORNISH, Presiding Judge:

The pivotal issue of this appeal is whether the warrantless seizure of marihuana and a revolver by the highway patrol was proper after the appellant was stopped for speeding.

Bobby Jean Davis was convicted in the District Court of Pottawatomie County for Transporting a Firearm, Case No. CRM-79-73, and for Unlawful Possession of Marihuana, Case No. CRM-79-77. Both convictions were consolidated on appeal.

After being stopped on Interstate Forty for speeding at 78 m. p. h., the appellant exited his vehicle and entered the trooper’s patrol ear at her…