Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Castillo, 247 N.C. App. 327 (May. 3, 2016)
(1) In this post-Rodriguez case, the court held that reasonable suspicion supported the officer’s extension of the duration of the stop, including: the officer smelled marijuana on the defendant’s person, the officer learned from the defendant him that he had an impaired driving conviction based on marijuana usage, the defendant provided a “bizarre” story regarding the nature of his travel, the defendant was extremely nervous, and the officer detected “masking odors.” (2) The defendant’s consent to search his car, given during a lawful extension of the stop, was clear and unequivocal.