Davidson (Michael) v. State

• Court: Nevada Supreme Court
• Decided: May 13, 2014
• Docket: 64380
• Status: Unpublished

Opinion

of a reported domestic disturbance, acted unusually nervous, continually reached his hands into his pockets despite admonitions not to do so, and had mannerisms consistent with those of a person under the influence Of drugs. See NRS 171.123; Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cnty., 542 U.S. 177, 185 (2004) ("[A] law enforcement officer's reasonable suspicion that a person may be involved in criminal activity permits the officer to stop the person for a brief time and take additional steps to investigate further."). The district court found credible the arresting officer's testimony that Davidson consented to a search and concluded that the consent was voluntary given the totality of the circumstances. See McMorran v. State, 118 Nev. 379, 383, 46 P.3d 81, 84 (2002); McIntosh v. State, 86 Nev. 133, 136, 466 P.2d 656, 658 (1970). Because the record supports these determinations, we conclude that the district court did not err by denying Davidson's motion, and we ORDER the judgment of conviction AFFIRMED.

J. Hardesty

V Douglas Cherry

cc: Hon. Alvin R. Kacin, District Judge David D. Loreman Attorney General/Carson City Elko County District Attorney Elko County Clerk

SUPREME COUFtT OF NEVADA 2 (0) 1.947A