State of West Virginia v. Michael Keith Allman

Date: 11-13-2025

Case Number: 11-F-271

Judge: J.D. Beane

Court: Circuit Court, Wood County, West Virginia

Plaintiff's Attorney: Wood County, West Virginia, Prosecuting Attorney's Office

Defendant's Attorney:

Description: Parkersburg, West Virginia, criminal defense lawyer represented the Defendant charged with possession of drugs.

On the evening of June 4, 2022, a Parkersburg police officer arrested Mr. Allman pursuant to an outstanding warrant. Once Mr. Allman was handcuffed, the officer seized a backpack that Mr. Allman had been carrying but had set down prior to his arrest. After backup arrived and secured the scene, the officers searched the backpack and found drugs, digital scales, and ammunition.

The Defendant filed a motion to suppress, which was denied.

When reviewing a ruling on a motion to suppress, an appellate court should construe all facts in the light most favorable to the State, as it was the prevailing party below. Because of the highly fact-specific nature of a motion to suppress, particular deference is given to the findings of the circuit court because it had the opportunity to observe the witnesses and to hear testimony on the issues. Therefore, the circuit court's factual findings are reviewed for clear error.

In contrast to a review of the circuit court's factual findings, the ultimate determination as to whether a search or seizure was reasonable under the Fourth Amendment to the United States Constitution and Section 6 of Article III of the West Virginia Constitution is a question of law that is reviewed de novo. Similarly, an appellate court reviews de novo whether a search warrant was too broad. Thus, a circuit court's denial of a motion to suppress evidence will be affirmed unless it is unsupported by substantial evidence, based on an erroneous interpretation of the law, or, based on the entire record, it is clear that a mistake has been made."

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: