State v. Byerley

OPINION

BROCK, Justice.

The defendant, William H. Byerley, was convicted of possession of marijuana with intent to sell and sentenced to a prison term of one to two years. At trial, his motion to suppress evidence seized from his car without a warrant, was denied. The Court of Criminal Appeals reversed, holding that the plain view doctrine did not justify the search and seizure, because the officers had not satisfied the inadvertency requirement when they purposely looked in the car to see if drugs were present. Application for permission to appeal was granted to determine the constitutionality…