Acting on a tip about two U-Haul trucks, one allegedly stolen, and quantities of methamphetamine at a residence, police went to the identified street and located two U-Haul trucks, one parked in a driveway and the other on the street. Through an open door of the U-Haul parked in the driveway, police observed a handgun. Around this time, Petro exited the house, ran to the U-Haul in the street, and reached behind a seat. Petro was eventually handcuffed and, during a pat-down search for weapons, officers found methamphetamine and marijuana. Police subsequently obtained and executed a search warrant for the trucks and residence and located methamphetamine and a handgun where Petro had been reaching in the U-Haul. 

Following denial of Petro’s motion to suppress, a jury trial was held at which the trial court admitted the seized items into evidence over Petro’s objection. Petro was convicted of Level 3 felony possession of methamphetamine and Level 6 felony auto theft. On appeal, Petro asserts that the officers engaged in an unconstitutional search under the Fourth Amendment and Article 1, Section 11 when they walked up the driveway and looked into the U-Haul parked there and that all evidence seized thereafter should have been excluded.

The scheduled panelists are Chief Judge Altice, Judge Kenworthy, and Judge Scheele.