Body-Camera Footage Leads to Plain Error Reversal in State v. Miller

My colleagues here have previously blogged about the impact of Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609 (2015), and my predecessor Alyson Grine created a handy chart summarizing North Carolina cases on the matter, found here. Rodriguez of course held that a traffic stop may not be extended beyond the time necessary to accomplish the purpose of the stop, absent reasonable suspicion or consent, and effectively overruled prior case law in NC allowing de minimis extensions of such stops. In December, the Court of Appeals issued a new, unanimous decision applying this rule in State v. Miller, ___ N.C. App. ____ (Dec. 20, 2016), temp. stay allowed, ___ N.C. ___ (Jan. 4, 2017). I found it noteworthy for the role that the officer’s body-camera footage played, as well as for the fact that the court applied plain error review to grant the defendant a new trial.  Facts. Miller involved a stop in an allegedly high-crime area of Greensboro when the officer ran the car’s license plate and found information that a hold had been placed on the tag because the car owner had not paid the insurance premiums. Once stopped, the owner of the car (who was in the passenger seat) produced an insurance card showing that he had recently purchased insurance. The officer inquired about travel plans and was intrigued by their mention of coming from a certain road. The officer had seen their vehicle turn onto the interstate from another road and knew that the [...]