Chaney v. State

¶ 1.1 would grant this petition because I disagree with the Court of Appeals’ holding that the search was valid. In my view, the holding that the presence of a syringe alone provides probable cause for an arrest for possession of drug paraphernalia is simply wrong.

¶ 2. Officer Scott Fullwood observed a van parked at a rest stop late in the evening. The next morning at about 6:00 a.m. Fullwood noticed the same van parked in a different parking space. Fullwood stopped to ask if the occupants needed assistance. There were two people in the van, Timothy Chaney and David McGee. Chaney was seated…