State v. Joe, 213 N.C. App. 148 (Jul. 5, 2011)

There was insufficient evidence of resisting an officer when the defendant fled from a consensual encounter. When the officer approached an apartment complex on a rainy, chilly day, the defendant was standing outside, dressed appropriately in a jacket with the hood on his head. Although the officer described the complex as a known drug area, he had no specific information about drug activity on that day. When the defendant saw the officer’s van approach, “his eyes got big” and he walked behind the building. The officer followed to engage in a consensual conversation with him. When the officer rounded the corner, he saw the defendant run. The officer chased, yelling several times that he was a police officer. The officer eventually found the defendant squatting beside an air conditioning unit and arrested him for resisting.