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State v. Brake11/12/2004
f the circumstances, we cannot conclude that the lateness of the hour, the lack of light, the running engines, and the identity of the occupants gave Sergeant Castleberry a reasonable, articulable suspicion that weapons might have been present. In the absence of more suspicious circumstances, Sergeant Castleberry's warrantless search under the auspices of searching for weapons was unlawful.
CONCLUSION
Applying the weapons search doctrine to the facts of this case leads us to conclude, as did Judge Orme in his dissenting opinion, that Sergeant Castleberry's warrantless search of Ms.Brake's vehicle was invalid. We reverse the determination of the court of appeals that Sergeant Castleberry's search of Ms.Brake's vehicle was lawful and remand to the trial court for proceedings consistent with this opinion and
Ms. Brake's conditional guilty plea.
Chief Justice Durham, Associate Chief Justice Wilkins,
Justice Durrant, and Justice Parrish concur in Justice Nehring's opinion.
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