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State v. Bayard

71 P.3d 498 (2003)

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State v. Bayard

Nevada Supreme Court

71 P.3d 498 (2003)

Facts

A Nevada police officer, Ty Sceirine, observed Rico Bayard (defendant) make a left-hand turn onto a two-lane street and immediately move from the left to the right lane, an illegal left-hand turn. Sceirine then observed Bayard make another abrupt lane change. Sceirine finally observed a pedestrian attempt to flag down Bayard’s car but discontinue the effort when the pedestrian saw Sceirine’s patrol car. Sceirine stopped Bayard. Bayard was cooperative, produced his license, and informed Sceirine that he carried a permitted gun in his waistband. Bayard consented to a pat-down. Sceirine found $116 in cash. Sceirine arrested Bayard for the traffic violations. At the station, police strip searched Bayard. Baggies of cocaine and marijuana fell out of Bayard’s underwear. The state (plaintiff) charged Bayard with trafficking and possession with intent to sell. The trial court granted Bayard’s motion to suppress. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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