Howlett (James) v. State

• Court: Nevada Supreme Court
• Decided: April 10, 2014
• Docket: 63616
• Status: Unpublished

Opinion

motion and heard testimony from the investigating officer, Deputy John Hitch, and Howlett. Based on Deputy Hitch's testimony, the district court determined that "reasonable cause to frisk" existed. The district court also found that Deputy Hitch had probable cause to arrest Howlett "based upon the traffic violations he observed, . . . [his] failure to identify himself, and [his] obstructing of Deputy Hitch's investigation." See NRS 171.123(1); NRS 171.1231. Additionally, Deputy Hitch testified that based on his years of experience and training, Howlett appeared to be under the influence of a central nervous system stimulant. Deputy Hitch stated that he discovered the drugs in Howlett's possession after he placed him in handcuffs and arrested him. As a result, the district court determined "that the methamphetamine found in Howlett's pocket was recovered during a lawful search incident to arrest." See United States v. Robinson, 414 U.S. 218, 235 (1973) (holding that a search incident to an arrest based on probable cause is reasonable and "requires no additional justification"); Carstairs v. State, 94 Nev. 125, 127-28, 575 P.2d 927, 928 (1978). We agree and conclude that the district court did not err by denying Howlett's motion to suppress. Accordingly, we ORDER the judgment of conviction AFFIRMED.

Pickering Poem uy '

J. Partagitirre

J. Saitta SUPREME COURT OF NEVADA 2 (0) 1947A cc: Hon. James E. Wilson, District Judge State Public Defender/Carson City Attorney General/Carson City Carson City District Attorney Carson City Clerk

SUPREME COURT OF NEVADA 3 (0) 194Th e