Supreme Court upholds limits on pat-down searches

Cy Ryan covers state government for the Sun. He can be reached at (775) 687-5032.

CARSON CITY -- The Nevada Supreme Court has ruled that drugs found during a pat-down search for weapons were illegally seized from of a suspect.

The court's decision Friday upheld District Judge John Davis of Nye County, who suppressed methamphetamine evidence seized from Satan R. Conners, who was stopped for a traffic violation in Pahrump.

Deputy Sheriff Jan Moore became suspicious that the motorcycle Conners was riding might be stolen. He handcuffed the suspect and then conducted a "pat down" search for possible weapons, court records show.

The deputy felt a small, hard object in Conners' right front pocket. Moore changed his grip to determine what the object was and believed it was a glass vial commonly used to contain methamphetamine. He reached in the pocket and took out the vial, court records say.

Conners was arrested for the traffic offenses and possession of drugs. A records check found the motorcycle was not stolen.

The court said in some instances police may seize contraband from an individual where it is "immediately apparent" to the officer. But in this case, the court said, Moore had ruled out the object in the front pocket was a weapon. Moore had shifted his hands to determine what the object was after determining it was not a weapon.

"The subsequent seizure of the vial was, therefore, the result of an unconstitutional search because Deputy Moore lacked probable cause to extract the item from Conners' pocket," said the court in its unanimous decision.

In reaching its decision, the court cited a ruling by the U.S. Supreme Court that said police officers may conduct pat-down searches if they believe the suspect is carrying a weapon. The U.S. Supreme Court said if officers go beyond that, the items found may not be used as evidence.

Last month the Nevada Supreme Court ruled that police officers cannot ransack a person's car, even if the individual gives permission for a general search. In that case, the court ruled that drugs found hidden behind the dashboard were illegally seized.

The court, in another decision Friday, overturned the involuntary manslaughter conviction of Patricia Boykins, a manager of a brothel in Lyon County, who fatally shot her live-in companion.

The court, in a decision written by Justice Myron Leavitt, said District Judge Mario Recanzone failed to give a defense instruction to the jury on the battered woman syndrome. That instruction, the court said, would have been used by the jury to evaluate Boykins' state of mind at the time of the shooting and her claim that the shooting was an accident.

Boykins and Calvin R. Swazya had a stormy relationship, according to court records. Swazya, a custodian at the Sagebrush Ranch brothel, was leaving and the two argued over his salary. One witness testified he saw Boykins in a corner of her office with her hands raised to protect her face while Swazya stood over her with his hand raised as if to slap her.

Boykins testified she loaded a .357 revolver, which she said accidentally discharged hitting Swazya in the head.

archive