State v. Kitchen, 283 N.C. App. 282 (May. 3, 2022)

In this Carteret County case, the defendant appealed from his conviction for habitual impaired driving and habitual felon status. The defendant was treated at the hospital following his arrest and the State obtained his medical records pursuant to a court order. Those records, which were introduced at trial, included a toxicology lab report of the defendant’s alcohol concentration. The defendant argued on appeal that the trial court erred by denying his motion to suppress the medical records because disclosure of the records violated his Fourth Amendment rights. The Court of Appeals found no prejudicial error. Even assuming for the sake of argument that the trial court erred, the Court held that any error was harmless in light of the overwhelming evidence of the defendant’s guilt. That evidence included a strong odor of alcohol on the defendant, defendant’s slurred speech, defendant’s inability to stand up straight, his poor performance on standardized field sobriety tests, his urinating on the police station floor, and opinion testimony from two law enforcement officers that the defendant was appreciably impaired.

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