X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision
FACTS:Jackie Wayne Shelby appeals the denial of his suppression motion in his prosecution for possession of cocaine. Shelby contends in his sole issue that State failed to prove sufficient exigent circumstances to support the warrantless search of his motel room. A motel manager contacted the police to complain that drug paraphernalia, debris and marijuana smoke had been found in Shelby�s room after he moved to another room because of a water leak. Shelby had left the room only 30 or 45 minutes before the manager�s call was received. Corporal Dave Sinclair of the Hillsboro Police Department found debris on the counter tops, stems from marijuana and rolling papers. He added that, �There w[ere] blunts that had not been smoked completely, which were very small which still had a green leafy substance in [them] in the trash can, just debris.� This debris �was on the sink, it was on the bed, on the night stand, and there was debris on the table that was in the room.� Sinclair was advised that �the management� wanted Shelby to leave the premises, and Sinclair was taken to Shelby�s new room. Sinclair knocked on Shelby�s door and identified himself as a police officer. He heard music coming from within the room but Shelby did not respond to his knocking. Nevertheless, �management and . . . two cleaning ladies� assured Sinclair �that Mr. Shelby was indeed in the room.� Because Sinclair believed that Shelby had been smoking marijuana very recently given the odor in his former room, Sinclair was concerned that Shelby was flushing whatever marijuana he had left down the toilet. He testified that, because it was a Saturday, it may have taken �[s]everal hours� to obtain a search warrant. Sinclair had a motel employee open the door to Shelby�s room. Sinclair and another officer conducted a brief swee

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.