Supreme Court upholds searches in two LV cases

Wednesday, Dec. 29, 1999 | 10:06 a.m.

CARSON CITY -- The Nevada Supreme Court Tuesday rejected the appeal of George W. Luster, serving life terms without the possibility of parole for the kidnapping of one man and the killing of another during his search in Las Vegas for his former girlfriend.

The court struck down arguments by his attorneys that the search of the suspect's home was illegal and the evidence found should have been suppressed.

In June 1995 Tamara Campos allegedly took money from Luster and then went into hiding with her two sons and the girlfriend of one son, court records show.

The girlfriend was later detained by police and released to her half-brother, Robert Humphreys, the record says.

On June 25, 1995, Humphreys was kidnapped from his home at gunpoint. He was handcuffed and his head was covered with a pillowcase-type covering, which was wrapped with duct tape. Humphreys said in the court records he was questioned repeatedly about the whereabouts of Campos before finally being released.

Campos, in the meantime, had traded her blue van for a white car owned by Jose "Tito" Quijada. Later Quijada was shot 11 times and died after struggling with a man identified by eyewitnesses as Luster, the record says.

Police obtained a search warrant for the Luster home on grounds he was a suspect in the murder. While searching, the officers found items that also linked him to the kidnapping. Luster's attorneys claimed those items were illegally obtained.

The court said the items found were "immediately apparent" to the police during their search. The court said the officers knew before the search that Luster may have been tied to the kidnapping.

The court also dismissed claims that improper instructions were given to the jury and that fingerprint evidence should have been suppressed.

Luster was convicted of first-degree murder with use of a deadly weapon, kidnapping, robbery, coercion, child endangerment and extortion.

In another search and seizure ruling, the court upheld the conviction of Aaron Fletcher, found guilty of drug trafficking and misdemeanor battery in Las Vegas.

In April 1995 Yolanda Smith, a former girlfriend of Fletcher, filed a police report that he had beaten her and the two had sold cocaine, according to court records. She informed police of Fletcher's sales procedure and said the drugs were hidden in the steering wheel of his car. When the police tried an undercover sting, Fletcher refused to sell anything.

Police later than arrested Fletcher for beating Smith. After the arrest, police searched the car and found the drugs under the dashboard.

Fletcher claimed there was no probable cause for the search without a warrant. But the court said the search was justified.

"It would be unreasonable to require the police to remain at the scene of the arrest pending the arrival of a warrant or assign an officer to accompany the tow truck to an impound yard pending the arrival of a warrant," the court said.