State of West Virginia v. James Earl Noel, Jr.

No. 14-0174 - State v. Noel FILED November 6, 2015 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA LOUGHRY, J., dissenting: I dissent from the majority’s overly simplistic and erroneous conclusion that the petitioner’s conviction should be reversed pursuant to Arizona v. Gant,

556 U.S. 332

(2009). In its haste to invalidate the officer’s search of the vehicle, the majority failed to thoroughly consider whether the evidence at issue would have been inevitably discovered during a lawful inventory search following the petitioner’s arrest. In that regard, it…