Kinard v. State

This petition for certiorari presents two issues for our determination:

1. Was there a valid warrantless seizure of the pills from petitioner's vehicle by reason of the "plain view" doctrine?

2. Was the seizure of the marihuana, subsequently discovered after a warrantless search of the vehicle, justified under the "exigent circumstances and probable cause" exception?

We answer both questions in the negative. We reverse and remand the judgment of affirmance of the Court of Criminal Appeals.

Simply stated, the facts are these. Officer Lundy stopped petitioner's van truck solely for "an I.D. check."…