In the Matter of A.J. M.-B., 212 N.C. App. 586 (2011)

The trial court erred by denying the juvenile’s motion to dismiss the petition alleging resisting an officer. The anonymous tip that led to the investigatory stop of the juvenile was not sufficient to support a reasonable suspicion to justify the stop. The anonymous call was “two juveniles in Charlie district . . . walking, supposedly with a shotgun or a rifle in an open field behind a residence.” An officer who went to the field to investigate saw two juveniles, neither carrying firearms, who ran when he called out to them. The Court of Appeals held that the juvenile’s detention and arrest were not justified. Therefore, the officer was not lawfully discharging a duty of his office.