Case Summaries – N.C. Court of Appeals (Jan. 17, 2023)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 17, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Driving with medically cancelled license represented a Class 2 misdemeanor justifying arrest and search of defendant. State v. Duncan, 2023-NCCOA-5, ___ N.C. App. ___ (Jan. 17, 2023). In this Catawba County case, the state appealed an order granting defendant’s motion to suppress evidence obtained after his arrest. The Court of Appeals reversed and remanded, determining that officers had reasonable suspicion to stop defendant and probable cause to arrest him and conduct a search. In 2018, officers were surveilling a residence where drug-related activity was allegedly occurring, and they had been informed a black male with dreadlocks frequented the location. Defendant drove into the driveway of the residence to drop off a passenger and then depart; the officers observed his license plate. After accessing database information related to the license plate, officers determined defendant was driving with a medically cancelled license and pulled him over. Defendant was arrested for driving with a revoked license; during the arrest, officers searched defendant and found baggies containing methamphetamine hidden in his hair. Before trial, defendant moved to suppress the results of the search. The trial court granted his motion, finding that officers did not have reasonable suspicion to stop defendant based only upon the tip about a male with dreadlocks, and defendant’s offense [...]