Case Summaries – N.C. Court of Appeals (Feb. 7, 2023)

This post summarizes the published criminal opinion from the North Carolina Court of Appeals released on February 7, 2023. This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Reasonable suspicion that defendant was armed and dangerous justified frisk of vehicle; defendant waived right to 30-day notice of intent to prove prior record level point for offense while on parole/probation/post-release supervision. State v. Scott, COA22-326, ___ N.C. App. ___ (Feb. 7, 2023). In this New Hanover County case, defendant appealed his conviction for possessing a firearm as a felon, arguing error in the denial of his motion to suppress and improper sentencing. The Court of Appeals found no error. In February of 2020, a Wilmington police officer observed defendant enter a parking lot known for drug activity and confer with a known drug dealer. When defendant exited the parking lot, the officer followed, and eventually pulled defendant over for having an expired license plate. During the stop, the officer determined that defendant was a “validated gang member,” and had previously been charged with second-degree murder; the officer was also aware that a local gang war was underway at that time. Slip Op. at 2. The officer frisked defendant and did not find a weapon, but defendant told the officer there was a pocketknife in the driver’s door compartment. When the officer went to retrieve the pocketknife he did not find it, but while looking around the driver’s area [...]