Appellate panel reverses crack-cocaine conviction

By Brian Cole

Published on May 26, 2006

Abraham Williams was sleeping in his car in a playground parking lot around 3:30 a.m. when he was approached by a police officer. The officer woke Williams and saw him place an object on the floor of his car before learning that he had an outstanding warrant.

After Williams was searched and placed in the back of the squad car, the officer searched the vehicle and discovered three bags of crack-cocaine in the small container yellow that was placed on the floor.

The appellate panel wrote that the case against Williams hinged on the seized evidence but that State v. Eckel, a recent state Supreme Court ruling, made that evidence inadmissible.

In State v. Eckel, the Supreme Court said the search of an automobile without a search warrant is not justified if the occupant of the car being arrested is not in a position to endanger the police or destroy evidence. Because the small yellow container was innocuous, said the court, the item did not in itself justify a search.

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