State v. Plas

OPINION

By the Court,

McNamee, J.:

This is an appeal by the state in a habeas corpus proceeding from an order discharging respondent from custody.

Respondent stopped his automobile for a vehicle check by a police officer. When he was unable to produce the legal registration of the vehicle he drove it to the police station at the request of the officer. There, within 20 minutes after commencement of his questioning by the officer, he gave a written and signed consent to the officer to search his automobile. The search revealed an automatic pistol under the seat. Respondent thereupon was charged…