Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Nolan, 365 N.C. App. 337 (Apr. 19, 2011)
The trial court did not err by concluding that the vehicle checkpoint passed constitutional muster. The trial court properly concluded that the primary programmatic purpose of the checkpoint was “the detection of drivers operating a motor vehicle while impaired and that the ‘procedure was not merely to further general crime control’” and that this primary programmatic purpose was constitutionally permissible. Applying the three-pronged test of Brown v. Texas, 443 U.S. 47, 50 (1979), the trial court properly determined that the checkpoint was reasonable.