State v. Legg

STARCHER, Justice:

The question presented in this case is whether a conservation officer’s decision to conduct a game-kill survey to detect violations of hunting laws is sufficient to justify the conservation officer’s random stop and search of a vehicle on a public roadway. We hold that it is not.

I

Facts & Background

On November 24, 1998, the second day of deer rifle season, two conservation officers with the West Virginia Department of Natural Resources were dispatched to the Farley Branch area of Boone County, West Virginia. Lieutenant Charles W. Schollar and Officer Wayne Elam were ordered…