Court of Appeals Rules That Consent to Search Backpack, Given after Repeated Requests, Was Not Voluntary

Last month, the Court of Appeals ruled that police coerced a suspect into agreeing to let them search his backpack. Many of the traditional hallmarks of coercion, such as threatening language or the brandishing of weapons, were absent in this case, making it noteworthy for officers, prosecutors, and defense attorneys alike. The case is State v. Wright, __ N.C. App. __, 2023 WL 5925671 (N.C. Ct. App. Sept. 12, 2023), and this post discusses it in greater detail than the summary previously posted on the blog. The case arose on a cold January night in Charlotte. Two officers were on routine patrol when one received a tip from a “known informant” that a person was carrying an illegal gun on Phifer Avenue. The informant gave a detailed description of the person and said that he was on a bicycle. The officers went to Phifer Avenue and noticed the defendant, who matched the informant’s description and was on a bicycle. A third officer joined the investigation, and the three officers intercepted the defendant as he emerged from a dirt path onto a nearby street. The officers asked the defendant to stop, get off his bicycle, remove his backpack, and provide identification. He did so. In response to questions, he indicated that he was homeless and on his way to a storage unit. An officer asked if he could pat the defendant down, and he agreed. The officer did not detect a weapon during the frisk. The officer then asked if he could [...]