Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
Smith's Criminal Case Compendium
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This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.
Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.
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Law enforcement officers were attempting to serve an arrest warrant early in the morning at an apartment complex in New Mexico. They noticed the plaintiff in the parking lot and realized she was not the subject of the warrant but wished to speak with her. As they approached, the plaintiff...
In this Kansas driving with a revoked license case, the Court held that when a police officer knows that the registered owner of a vehicle has a revoked driver’s license and lacks information negating an inference that the owner is the driver of the vehicle, a traffic stop is supported by...
A dog sniff that prolongs the time reasonably required for a traffic stop violates the Fourth Amendment. After an officer completed a traffic stop, including issuing the driver a warning ticket and returning all documents, the officer asked for permission to walk his police dog around the...
Affirming State v. Heien, 366 N.C. 271 (Dec. 14, 2012), the Court held that because an officer’s mistake of law was reasonable, it could support a vehicle stop. In Heien, an officer stopped a vehicle because one of its two brake lights was out, but a court later determined that...
The Court held in this “close case” that an officer had reasonable suspicion to make a vehicle stop based on a 911 call. After a 911 caller reported that a truck had run her off the road, a police officer located the truck the caller identified and executed a traffic stop. As officers approached...
Summarizing existing law, the Court noted that a “stop and frisk” is constitutionally permissible if: (1) the stop is lawful; and (2) the officer reasonably suspects that the person stopped is armed and dangerous. It noted that that in an on-the-street encounter, the first requirement—a lawful...
Summarizing existing law, the Court noted that a “stop and frisk” is constitutionally permissible if: (1) the stop is lawful; and (2) the officer reasonably suspects that the person stopped is armed and dangerous. It noted that that in an on-the-street encounter, the first requirement—a lawful...
A local West Virginia law enforcement officer stopped a car that had veered out of its lane. In addition to the driver, there was a front seat passenger, the defendant, and one back seat passenger, Bone. When approaching the driver’s window, he smelled an odor of burned marijuana...
In this Rowan County case, the Supreme Court reversed and remanded an unpublished Court of Appeals decision that officers did not have reasonable suspicion to stop defendant’s vehicle, concluding the officers had independent reasonable suspicion to stop defendant.
In June of 2018,...
In this Harnett County case, the defendant pled guilty to impaired driving after the trial court denied her motion to suppress evidence obtained at a checking station set up to ensure compliance with Chapter 20 and to detect impaired driving. The Court of Appeals vacated the trial court’s order...
An officer on patrol ran the license plate of the car the defendant was driving and discovered that the license plate was registered to another car. The officer initiated a traffic stop. As the officer approached the driver’s side of the car, he noticed that the defendant had raised his...
In this Stanly County case, no reasonable suspicion existed when a trooper, already conducting a traffic stop, observed the defendant gesturing with his middle finger from the passenger side of a car driving past the stop. The Court of Appeals unanimously rejected the State’s argument that the...
In this drug trafficking case arising out of a traffic stop, the court affirmed the conclusion of the Court of Appeals that the law enforcement officer who arrested the defendant violated the Fourth amendment by prolonging the stop without the defendant’s consent or a reasonable articulable...
The court per curiam affirmed the decision of the Court of Appeals, ___ N.C. App. ___, 828 S.E.2.d 195 (2019), which had held over a dissent that no reasonable suspicion supported a warrantless traffic stop based on an anonymous tip.
A sheriff’s deputy received a dispatch call,...
On appeal from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 809 S.E.2d 340 (2018), the court per curiam vacated and remanded to the Court of Appeals for reconsideration in light of State v. Wilson, ___ N.C. ___, 821 S.E.2d 811 (2018). In the decision below...
On discretionary review of a unanimous, unpublished decision of the Court of Appeals, ___ N.C. App. ___, 803 S.E.2d 698 (2017), in this felon in possession of a firearm case, the court held that Michigan v. Summers justifies a seizure of the defendant where he posed a real threat to the safe and...
On appeal from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 805 S.E.2d 348 (2017), the court reversed, holding that an officer’s decision to briefly detain the defendant for questioning was supported by reasonable suspicion of criminal activity. While on patrol at...
The court per curiam affirmed a divided decision of the Court of Appeals, ___ N.C. App. ___, 796 S.E.2d 517 (2017), affirming an order denying the defendant’s motion to suppress. Over a dissent, the court of appeals had held that reasonable suspicion supported extension of the traffic stop....
On an appeal from a divided panel of the Court of Appeals, ___ N.C. App. ___, 785 S.E.2d 746 (2016), the court reversed, concluding that the stop at issue was not unduly prolonged. An officer puller over the defendant for several traffic violations. During the traffic stop that ensued, officers...
On appeal from a divided panel of the Court of Appeals, ___ N.C. App. ___, 791 S.E.2d 486 (2016), the court vacated and remanded for reconsideration in light of its decision in State v. Bullock, ___ N.C. ___, ___ S.E.2d ___ (2017), holding that a stop was not unduly prolonged.
For the reasons stated in the dissenting opinion below, the court reversed the decision of the Court of Appeals in State v. Goins, ___ N.C. App. ___, 789 S.E.2d 466 (July 5, 2016). In that case, the Court...
The Supreme Court reversed the decision below, State v. James Johnson, ___ N.C. App. ___, 784 S.E.2d 633 (April 5, 2016), which had held that because a police officer lacked reasonable suspicion for a traffic stop...
On appeal pursuant from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 775 S.E.2d 362 (2015), the court per curiam affirmed. In this post-Rodriguez case, the court of appeals had held that the officer had reasonable suspicion to extend the scope and duration...
The supreme court vacated the decision below, State v. Leak, ___ N.C. App. ___, 773 S.E.2d 340 (2015), and ordered that the court of appeals remand to the trial court for reconsideration of the defendant’s...
The supreme court vacated the decision below, State v. Leak, ___ N.C. App. ___, 773 S.E.2d 340 (2015), and ordered that the court of appeals remand to the trial court for reconsideration of the defendant’s...
Reversing the decision below, State v. Jackson, 234 N.C. App. 80 (2014), the court held that an officer had reasonable suspicion for the stop. The stop occurred at approximately 9:00 pm in the vicinity of...
Reversing the decision below, State v. Jackson, 234 N.C. App. 80 (2014), the court held that an officer had reasonable suspicion for the stop. The stop occurred at approximately 9:00 pm in the vicinity of...
Reversing the decision below, State v. Jackson, 234 N.C. App. 80 (2014), the court held that an officer had reasonable suspicion for the stop. The stop occurred at approximately 9:00 pm in the vicinity of...
Reversing the court of appeals in a DWI case where the defendant was initially stopped by a firefighter, the court determined that the trial court properly denied the defendant’s motion to suppress which challenged the firefighter’s authority to make the initial stop. After observing the...
The court per curiam affirmed the decision below, State v. Heien, 226 N.C. App. 280 (2013). Over a dissent the court of appeals had held that a valid traffic stop was not unduly prolonged and as a result the defendant’s consent to search his vehicle was valid. The stop was initiated at...
The court, per curiam and without an opinion, reversed the decision of the North Carolina Court of Appeals, State v. Kochuk, 223 N.C. App. 301 (2012), for the reasons stated in the dissenting opinion. An officer was on duty and traveling eastbound on Interstate 40, where there were three travel...
The defendant’s act of stopping his vehicle in the middle of the roadway and turning away from a license checkpoint gave rise to reasonable suspicion for a vehicle stop. The trial court denied the defendant’s motion to suppress, finding the stop constitutional. In an unpublished opinion, the...
Reversing State v. Otto, 217 N.C. App. 79 (Nov. 15, 2011), the court held that there was reasonable suspicion for the stop. Around 11 pm, an officer observed a vehicle drive past. The officer turned behind the vehicle and immediately noticed that it was weaving within its own lane. The...
The court modified and affirmed State v. Salinas, 214 N.C. App. 408 (Aug. 16, 2011) (trial court incorrectly applied a probable cause standard instead of a reasonable suspicion standard when determining whether a vehicle stop was unconstitutional). The supreme court agreed that the...
The court affirmed State v. Williams, 215 N.C. App. 1 (Aug. 16, 2011) (reasonable articulable suspicion justified extending the traffic stop). The officer stopped the vehicle in which the defendant was a passenger for having illegally tinted windows and issued a citation. The officer...
In a per curiam opinion, the court affirmed the decision below in State v. Burke, 212 N.C. App. 654 (June 21, 2011) (over a dissent, the court held that the trial judge erred by denying the defendant’s motion to suppress when no reasonable suspicion supported a stop of the defendant’s...
The court affirmed per curiam State v. Mello, 200 N.C. App. 437 (Nov. 3, 2009) (holding, over a dissent, that reasonable suspicion supported a vehicle stop; while in a drug-ridden area, an officer observed two individuals approach and insert their hands into the defendant’s car; after...
For reasons stated in a dissent to the opinion below, the North Carolina Supreme Court reversed a Court of Appeals ruling that the trial judge erred by concluding that a frisk was justified because officers had reasonable suspicion to believe that the defendant was armed or dangerous. The...
Under the totality circumstances, the defendant was seized by officers and the resulting search of her purse was illegal. The officers mounted a show of authority when (1) an officer, who was armed and in uniform, initiated the encounter, telling the defendant, an occupant of a parked truck,...
Reasonable suspicion supported the officer’s stop of a vehicle in a case in which the defendant was convicted of second-degree murder and other charges involving a vehicle crash and impaired driving. Officers saw an intoxicated man stumble across the road and enter a Honda. They then were...
In this Sampson County case, defendant appealed his convictions for trafficking heroin by possession and by transport, possession with intent to sell or deliver heroin and cocaine, and resisting a public officer, arguing (1) insufficient findings of fact, and (2) error in denying his motion to...
In this New Hanover County case, defendant appealed the denial of his motion to suppress the results of a search of his vehicle, arguing error in finding reasonable suspicion for the traffic stop leading to the search. The Court of Appeals found no error.
In March of 2019, a Wilmington...
In this Mecklenburg County case, defendant appealed denial of his motion to suppress, arguing that (1) police did not have reasonable suspicion to stop him, and (2) he did not consent to the search of his backpack. The Court of Appeals found reasonable suspicion supported the stop but that...
In this Mecklenburg County case, defendant appealed his judgment for trafficking methamphetamine and maintaining a vehicle for keeping or selling methamphetamine, arguing that his motion to suppress the evidence obtained from a search of his vehicle was improperly denied. The Court of Appeals...
In this Randolph County case, defendant appealed judgment entered after his Alford plea to charges of trafficking in methamphetamine, selling or delivering a controlled substance, and possession of a firearm by a felon, arguing error in the denial of his motion to suppress evidence...
In this Henderson County case, defendant appealed his convictions for trafficking methamphetamine, possession with intent to manufacture, sell and/or deliver, and maintaining a vehicle used for keeping and selling a controlled substance, arguing error in the denial of his motion to suppress the...
In this Vance County case, the state appealed from an order granting defendant’s motion to suppress evidence seized from his person and inside a house. The Court of Appeals reversed and remanded the matter to the trial court.
While attempting to arrest defendant for an outstanding warrant...
In this New Hanover County case, defendant appealed his conviction for possessing a firearm as a felon, arguing error in the denial of his motion to suppress and improper sentencing. The Court of Appeals found no error.
In February of 2020, a Wilmington police officer observed defendant...
In this Forsyth County case, the Court of Appeals considered for a second time defendant’s appeal of his guilty pleas to possession of cocaine, marijuana, and marijuana paraphernalia based upon the trial court’s denial of his motion to suppress. The Court of Appeals affirmed the denial of...
In this Orange County case, defendant appealed her conviction for impaired driving, arguing the trial court erred by denying her motion to suppress an unlawful seizure by the arresting officer. The Court of Appeals agreed with defendant and found error in the denial of her motion to suppress....
In this McDowell County case, the defendant appealed from a judgment finding her guilty of trafficking in methamphetamine. She was convicted based on the discovery of drugs found in her car during a traffic stop. On appeal, she argued that the trial court erred in denying her motion to suppress...
Law enforcement in Guilford County received information that the defendant was selling drugs from his girlfriend’s apartment. They conducted a controlled buy at the location with the help of an informant, who identified the defendant as the seller. Police were later surveilling the home and saw...
In a drug possession case, some of the trial court’s findings in denying the defendant’s motion to suppress were not supported by competent evidence. A uniformed deputy approached the defendant while she sat in her car in a parking lot based on the deputy’s mistaken belief that the...
In this Cabarrus County case, the defendant was convicted of possession of a Schedule II controlled substance based on 0.1 grams of methamphetamine found in a backpack in the trunk of a vehicle in which the defendant was a passenger. The defendant moved to suppress the evidence on the basis that...
In this Forsyth County case, the defendant was charged with possession of a firearm by a felon, several drug crimes including trafficking opium or heroin by possession, possession of a weapon on school property, and attaining the status of habitual felon after an investigatory stop on...
In this felony possession of cocaine case, the trial court erred by denying the defendant’s motion to suppress evidence that was discovered pursuant to a consent search where the request for consent and the search measurably extended a traffic stop without reasonable suspicion in violation of...
In this case involving drug offenses, the trial court did not err by denying the defendant’s motion to suppress evidence arising from a traffic stop because the duration of the stop was not impermissibly prolonged under Rodriguez v. United States, 575 U.S. 348 (2015). Two officers with...
An East Carolina University police officer was responding to a traffic accident call at 2:50 a.m. in Pitt County. He noticed a vehicle on the road and followed it, suspecting it had been involved in the accident. The officer testified that the vehicle did not have its rear lights on. There were...
In this case from Burke County, an officer observed the defendant driving ten miles over the speed limit and believed that the vehicle’s window tint was illegal. When the officer approached, he smelled a slight odor of marijuana and a strong odor of cologne. He also observed that the car windows...
In this DWI case, the court held that a traffic checkpoint had a valid programmatic purpose and that G.S. 20-16.3A is constitutional. Troopers testified that the primary purpose of the checkpoint, which was conducted with prior approval from a supervisor, with an established plan, and...
A police officer stopped the defendant for suspected texting while driving. When the officer returned to his vehicle to check on the defendant’s identity, the defendant fled. (1) Before his trial on charges of texting while driving and felony fleeing to elude, the defendant moved to...
The defendant was charged with impaired driving after being involved in a single car accident in a Biscuitville parking lot. The trial court denied the defendant’s motion to suppress the evidence obtained by the arresting officer, who was actually the second officer to arrive on the scene...
The defendant was stopped by a Charlotte-Mecklenburg police officer for a broken taillight and a passenger seatbelt violation. A second officer arrived shortly after the stop. The stopping officer saw an approximately five-inch closed pocketknife in the center console between the driver and...
While parked on the side of the road, a trooper saw a truck pass by and believed that the passenger was not wearing a seat belt. After the trooper stopped the truck and approached the passenger side, he realized that passenger was wearing his seat belt, but the gray belt had not been...
A police offer stopped at a gas station for a cup of coffee, and on his way inside he noticed the defendant standing outside the gas station, talking loudly and using abusive language on his cell phone. The clerk inside told the officer she thought the defendant was bothering other customers....
An anonymous person contacted law enforcement to report that a small green vehicle with license plate RCW-042 was in a specific area, had run several vehicles off the road, had struck a vehicle, and was attempting to leave the scene. Deputies went to the area and immediately stopped a vehicle...
The defendant was speaking at an anti-abortion event outside an abortion clinic in Charlotte. He was using an amplified microphone and was sitting at the table where the amplification controls were located. Officers measured his amplified voice at more than 80 decibels and approached him to cite...
The defendant was charged with possession of a firearm by a person previously convicted of a felony and resisting, delaying, or obstructing an officer. The State dismissed the resisting charge before trial, and the defendant filed a motion to suppress the firearm. The trial judge denied the...
The defendant was charged with driving while license revoked, not an impaired revocation; assault on a female; possession of a firearm by a person previously convicted of a felony; attempted robbery with a dangerous weapon; and habitual felon status. The State proceeded to trial on the charges...
In this driving while impaired case, the officer observed the defendant sitting on a porch and drinking a tall beer at approximately 9:00pm. The defendant was known to the officer as someone he had previously stopped for driving while license revoked and an open container offense. Around 11:00pm...
In this drug case, the trial court erred by denying the defendant’s motion to suppress evidence obtained in a traffic stop. Sometime after 8:40 PM, an officer received a dispatch relating an anonymous report concerning a “suspicious white male,” with a “gold or silver vehicle” in the parking lot...
In this possession of a firearm by a felon case, the trial court did not err by allowing evidence of a handgun a police officer removed from the defendant’s waistband during a lawful frisk that occurred after a lawful stop. Police received an anonymous 911 call stating that an African-American...
The trial court did not err by denying the defendant’s motion to suppress, which argued that officers improperly extended a traffic stop. Officers initiated a traffic stop of the vehicle for a passenger seatbelt violation. The defendant was in the passenger seat. That seat was leaned very far...
In this carrying a concealed handgun case, the trial court properly denied the defendant’s motion to suppress where the officer had reasonable suspicion to seize the defendant. While patrolling a high crime area, the officer saw the defendant and Ariel Peterson walking on a sidewalk. Aware of...
In this DWI case, an officer did not unduly prolong a traffic stop. While on patrol, officers ran a vehicle’s tag and learned that the registered owner was a male with a suspended license. An officer stopped the vehicle based on the suspicion that it was being driven without a valid license. The...
In this DWI case, the trial court properly denied the defendant’s motion to suppress evidence discovered after a roadside breath test. Specifically, the defendant asserted that the results of roadside sobriety tests and intoxilyzer test should be suppressed as fruit of the poisonous tree of an...
In this case involving drug charges and a charge of driving without an operator’s license, the court declined to address the defendant’s argument that the officer lacked reasonable suspicion to prolong the traffic stop and search the defendant, finding that the search was justified as a search...
In a case in which the court determined that the defendant received ineffective assistance of appellate counsel, the court considered whether there was reasonable suspicion for the vehicle stop and found there was none. Having found that appellate counsel’s performance was deficient, the court...
In a case in which the court determined that the defendant received ineffective assistance of appellate counsel, it considered whether the officers’ mistake of fact regarding a basis for a traffic stop was reasonable and concluded that it was not. Having found that appellate counsel’s...
(1) In this drug trafficking case, the court held that the fact that the defendant’s truck crossed over a double yellow line justified the stop. The officer saw the defendant’s vehicle cross the center line of the road by about 1 inch. The court stated:
[T]here is a “bright line”...
The traffic stop at issue was not unduly extended. The defendant, a passenger in the stopped vehicle, argued that officers extended, without reasonable suspicion, the traffic stop after issuing the driver a warning citation. The stopping officer had extensive training in drug interdiction,...
In this fleeing to elude, resisting an officer and child abuse case, the trial court erred by concluding that a seizure occurred when a detective activated his blue lights. After receiving complaints about drug activity at 155 John David Grady Road, officers conducted surveillance of the area....
In this impaired driving case, an officer’s observation of a single instance of a vehicle crossing the double yellow centerline in violation of state motor vehicle law provided reasonable suspicion to support the traffic stop. While traveling southbound on Highway 32, NC Highway Patrol Trooper...
An officer had reasonable suspicion to prolong the traffic stop. A six-year officer who had received training in identification of drugs and had participated in 100 drug arrests pulled into the parking lot of a Motel 6, a high crime area. When he entered the lot, he saw two men sitting in a car...
The court rejected the defendant’s argument that his consent to search his rental vehicle was involuntary because it was given at a time when the stop had been unduly prolonged. Specifically, the defendant argued that the stop was prolonged because of questioning by the officer and the time he...
Because the trial court’s findings of fact do not support its conclusion that the defendant was legally seized at the time consented to a search of his person, the court reversed the trial court’s order denying the defendant’s motion to suppress contraband found on his person. Officers were...
No reasonable suspicion supported a stop. At approximately 5 pm dispatch notified a trooper on routine patrol that an informant-driver reported that another driver was driving while intoxicated. The informant reported that the driver was driving from the Hubert area towards Jacksonville,...
Reasonable suspicion supported the traffic stop. At the time of the stop it was very late at night; the defendant’s vehicle was idling in front of a closed business; the business and surrounding properties had experienced several break-ins; and the defendant pulled away when the officer...
Reasonable suspicion supported the traffic stop. At the time of the stop it was very late at night; the defendant’s vehicle was idling in front of a closed business; the business and surrounding properties had experienced several break-ins; and the defendant pulled away when the officer...
Reasonable suspicion supported the traffic stop. At the time of the stop it was very late at night; the defendant’s vehicle was idling in front of a closed business; the business and surrounding properties had experienced several break-ins; and the defendant pulled away when the officer...
Because an officer violated the defendant’s fourth amendment rights by searching the curtilage of his home without a warrant, the trial court erred by denying the defendant’s motion to suppress. The officer saw a vehicle with its doors open at the back of a 150-yard driveway leading to the...
Reasonable suspicion supported the stop. An officer patrolling a “known drug corridor” at 4 am observed the defendant’s car stopped in the lane of traffic. An unidentified pedestrian approached the defendant’s car and leaned in the window. The officer found these actions to be indicative of a...
Reasonable suspicion supported the stop. An officer patrolling a “known drug corridor” at 4 am observed the defendant’s car stopped in the lane of traffic. An unidentified pedestrian approached the defendant’s car and leaned in the window. The officer found these actions to be indicative of a...
In this impaired driving case, the defendant was not seized within the meaning of the fourth amendment until he submitted to the officer’s authority by stopping his vehicle. The court rejected the defendant’s argument that the seizure occurred when the officer activated his blue lights. Because...
In this impaired driving case, the defendant was not seized within the meaning of the fourth amendment until he submitted to the officer’s authority by stopping his vehicle. The court rejected the defendant’s argument that the seizure occurred when the officer activated his blue lights. Because...
The vehicle stop was supported by reasonable suspicion. An officer received an anonymous report that a drunk driver was operating a black, four-door Hyundai headed north on Highland Capital Boulevard. The officer located the vehicle as reported and observed that the defendant drove roughly 15...
In this impaired driving case, the court held, over a dissent, that the trial court properly denied the defendant’s motion to suppress where no seizure occurred. An officer went to a residence to find a man who had outstanding warrants for his arrest. While walking towards the residence, the...
In this drug case, the trial court erred by denying the defendant’s motion to suppress drug evidence seized after a traffic stop where the officer had no reasonable suspicion to stop the defendant’s vehicle. Officers received a tip from a confidential informant regarding “suspicious” packages...
In this drug case, the trial court erred by denying the defendant’s motion to suppress drug evidence seized after a traffic stop where the officer had no reasonable suspicion to stop the defendant’s vehicle. Officers received a tip from a confidential informant regarding “suspicious” packages...
The trial court erred by denying the defendant’s motion to suppress where a stop was based on an officer’s mistake of law that was not objectively reasonable. An officer stopped a vehicle registered in Tennessee for driving without an exterior mirror on the driver’s side of the vehicle. The...
In this drug case, the trial court properly denied a motion to suppress where no illegal seizure of the defendant occurred during a knock and talk and where exigent circumstances justified the officers’ warrantless entry into the defendant’s home. The court rejected the defendant’s argument that...
In this impaired driving case, the trial court erred by denying the defendant’s motion to suppress, which had asserted that a checkpoint stop violated his constitutional rights. When considering a constitutional challenge to a checkpoint, a two-part inquiry applies: the court must first...
Reasonable suspicion supported the stop of the defendant’s vehicle. The vehicle was stopped after the defendant left premises known as “Blazing Saddles.” Based on his experience making almost two dozen arrests in connection with drug activity at Blazing Saddles and other officers’ experiences at...
(1) A stop of the defendant’s vehicle was justified by reasonable suspicion. While on patrol in the early morning, the officer saw the defendant walking down the street. Directly behind him was another male, who appeared to be dragging a drugged or intoxicated female. The defendant and the other...
(1) In this post-Rodriguez case, the court held that because no reasonable suspicion existed to prolong the defendant’s detention once the purpose of a traffic stop had concluded, the trial court erred by denying the defendant’s motion to suppress evidence obtained as a result of a...
(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...
In this drug trafficking case, the officer had reasonable suspicion to extend a traffic stop. After Officer Ward initiated a traffic stop and asked the driver for his license and registration, the driver produced his license but was unable to produce a registration. The driver’s license listed...
(1) In this drug trafficking case, the officer had reasonable suspicion to extend a traffic stop. After Officer Ward initiated a traffic stop and asked the driver for his license and registration, the driver produced his license but was unable to produce a registration. The driver’s license...
In this drug case, the officer had reasonable suspicion for the stop. The officer, who was in an unmarked patrol vehicle in the parking lot of a local post office, saw the defendant pull into the lot. The officer knew the defendant because he previously worked for the officer as an informant and...
In this drug case, the officer had reasonable suspicion for the stop. The officer, who was in an unmarked patrol vehicle in the parking lot of a local post office, saw the defendant pull into the lot. The officer knew the defendant because he previously worked for the officer as an informant and...
Because the officer saw the defendant drive through a red light, the officer had reasonable suspicion to stop the defendant’s vehicle.
Because the officer saw the defendant drive through a red light, the officer had reasonable suspicion to stop the defendant’s vehicle.
In the course of rejecting the defendant’s ineffective assistance claim related to preserving a denial of a motion to suppress, the court held that no prejudice occurred because the trial court properly denied the motion. The officer received a report from an identified tipster that a window at...
In this DWI case, the officer had reasonable suspicion to stop the defendant’s vehicle. The officer observed the defendant’s vehicle swerve right, cross the line marking the outside of his lane of travel and almost strike the curb. The court found that this evidence, along with “the pedestrian...
Although the trial court properly found that the checkpoint had a legitimate proper purpose of checking for driver’s license and vehicle registration violations, the trial court failed to adequately determine the checkpoint’s reasonableness. The court held that the trial court’s “bare conclusion...
In this drug trafficking case, the trial court did not commit plain error by finding that officers had reasonable suspicion to stop the defendant’s vehicle. The court began by rejecting the State’s argument that the defendant’s evasive action while being followed by the police provided...
When determining whether an officer had reasonable suspicion to stop the defendant’s vehicle, the trial court properly considered statements made by other officers to the stopping officer that the defendant’s vehicle had weaved out of its lane of travel several times. Reasonable suspicion may...
Even if the defendant had properly preserved the issue, the officer did not use excessive force by taking the defendant to the ground during a valid traffic stop.
Even if the defendant had properly preserved the issue, a frisk conducted during a valid traffic stop was proper where the officer knew that the defendant had prior drug convictions; the defendant appeared nervous; the defendant deliberately concealed his right hand and refused to open it...
The trial court did not err by denying the defendant’s motion to suppress evidence obtained as a result of a vehicle checkpoint. The checkpoint was conducted for a legitimate primary purpose of checking all passing drivers for DWI violations and was reasonable.
After a consensual encounter with the defendant, reasonable suspicion supported the officer’s later detention of the driver. During the voluntary encounter the officer noticed the odor of alcohol coming from the defendant and observed an unopened container of beer in his truck. These...
No seizure occurred when an officer initially approached the defendant in response to a tip about an impaired driver. The officer used no physical force, approached the defendant’s vehicle on foot and engaged in conversation with him. The officer did not activate his blue lights and there was no...
The trial court erred by denying the defendant’s motion to suppress where the defendant was subjected to a seizure in violation of the Fourth Amendment. Specifically, the officer continued to detain the defendant after completing the original purpose of the stop without having reasonable,...
In a drug trafficking case, the trial court did not err by denying the defendant’s motion to suppress drugs seized from a truck during a vehicle stop. The defendant argued that once the officer handed the driver the warning citation, the purpose of the stop was over and anything that occurred...
The court ruled that the trial court erred by granting the defendant’s motion to suppress. A wildlife officer approached the defendant, dressed in full camouflage and carrying a hunting rifle, and asked to see his hunting license. After the defendant showed his license, the officer asked how he...
In a DWI case, the court rejected the defendant’s argument that the checkpoint at issue was unconstitutional. The court first found that the checkpoint had a legitimate primary programmatic purpose, checking for potential driving violations. Next, it found that the checkpoint was reasonable.
An officer had reasonable suspicion to stop and frisk the defendant when the defendant was in a high crime area and made movements which the officer found suspicious. The defendant was in a public housing area patrolled by a Special Response Unit of U.S. Marshals and the DEA concentrating on...
An officer had reasonable suspicion to stop and frisk the defendant when the defendant was in a high crime area and made movements which the officer found suspicious. The defendant was in a public housing area patrolled by a Special Response Unit of U.S. Marshals and the DEA concentrating on...
The trial court did not err by granting the defendant’s motion to suppress evidence obtained as a result of a vehicle checkpoint. Specifically, the trial court did not err by concluding that a lack of a written policy in full force and effect at the time of the defendant’s stop at the checkpoint...
In a case where the State conceded that the officer had neither probable cause nor reasonable suspicion to seize the defendant, the court decided an issue of first impression and held that the officer’s seizure of the defendant was justified by the “community caretaking” doctrine. The officer...
Officers did not have reasonable suspicion to stop the defendant based on an anonymous tip from a taxicab driver. The taxicab driver anonymously contacted 911 by cell phone and reported that a red Mustang convertible with a black soft top, license plate XXT-9756, was driving erratically, running...
The trial court did not err by concluding that the seizure was unsupported by reasonable suspicion. The officers observed the defendant walking down the sidewalk with a clear plastic cup in his hands filled with a clear liquid. The defendant entered his vehicle, remained in it for a period of...
The trial court did not err by determining that the defendant was seized while walking on a sidewalk. Although the officers used no physical force to restrain the defendant, both were in uniform and had weapons. One officer blocked the sidewalk with his vehicle and another used his bicycle to...
In this DWI case, the court held that the officer lacked reasonable suspicion to stop the defendant’s vehicle. At 10:05 pm on a Wednesday night an officer noticed that the defendant’s high beams were on. The officer also observed the defendant weave once within his lane of travel. When pressed...
An officer lacked reasonable suspicion to stop the defendant’s vehicle. A “be on the lookout” call was issued after a citizen caller reported that there was a cup of beer in a gold Toyota sedan with license number VST-8773 parked at the Kangaroo gas station at the corner of Wake Forest Road and...
An officer lacked reasonable suspicion to stop the defendant’s vehicle. A “be on the lookout” call was issued after a citizen caller reported that there was a cup of beer in a gold Toyota sedan with license number VST-8773 parked at the Kangaroo gas station at the corner of Wake Forest Road and...
An investigative stop of the defendant’s vehicle was lawful. Officers stopped the defendant’s vehicle because it was registered in her name, her license was suspended, and they were unable to determine the identity of the driver.
(1) An officer had reasonable suspicion that a juvenile was violating G.S. 14-313(c) (unlawful for person under 18 to accept receipt of cigarettes) and thus the officer’s initial stop of the juvenile was proper.
The trial court’s findings of fact support its rejection of the defendant’s argument that the show of force by law enforcement during a traffic stop amounted to an arrest.
The trial court improperly denied the defendant’s motion to suppress. An officer saw the defendant walking in the middle of the street. The officer stopped the defendant to warn him about impeding the flow of street traffic. After issuing this warning, the officer frisked the defendant because...
No reasonable suspicion supported a traffic stop. The State had argued reasonable suspicion based on the driver’s alleged crossing of the fog line, her and her passenger’s alleged nervousness and failure to make eye contact with officers as they drove by and alongside the patrol car, and the...
(1) An officer had reasonable suspicion to stop the defendant’s vehicle for speeding. The court rejected the defendant’s argument that because the officer only observed the vehicle for three to five seconds, the officer did not have a reasonable opportunity to judge the vehicle’s speed. The...
In a drug case, the trial court did not commit plain error by concluding that an officer had reasonable suspicion to conduct a warrantless stop. The officer received information from two informants who had previously provided him with reliable information leading to several arrests; the...
(1) The trial court erred in connection with its ruling on a suppression motion in an impaired driving case. The trial court failed to look beyond whether the defendant’s driving was normal in assessing whether the officer had reasonable suspicion to stop the defendant’s vehicle. (2) The officer...
The trial court erred by granting the defendant’s motion to suppress on grounds that officers impermissibly prolonged a lawful vehicle stop. Officers McKaughan and Jones stopped the defendant’s vehicle after it twice weaved out of its lane. The officers had a drug dog with them. McKaughan...
No reasonable and articulable suspicion supported seizure of the defendant made as a result of an anonymous tip. When evaluating an anonymous tip in this context, the court must determine whether the tip taken as a whole possessed sufficient indicia of reliability. If not, the court must assess...
The defendant was seized when officers parked directly behind his stopped vehicle, drew their firearms, and ordered the defendant and his passenger to exit the vehicle. After the defendant got out of his vehicle, an officer put the defendant on the ground and handcuffed him.
The court rejected the defendant’s argument that an officer’s discovery of drugs in his buttocks occurred during a separate, second search after a pat down was completed. The drugs were found during a valid pat down for weapons.
Officers had reasonable suspicion to stop the defendant’s vehicle. Officers had received an anonymous tip that a vehicle containing “a large amount of pills and drugs” would be traveling from Georgia through Macon County and possibly Graham County; the vehicle was described as a small or mid-...
The trial court erred by concluding that an officer lacked reasonable suspicion to detain the defendant beyond the scope of a routine traffic stop. The officer lawfully stopped the vehicle for a seatbelt violation but then extended the detention for arrival of a canine unit. The State argued...
The trial court erred by granting the defendant's motion to suppress on grounds that a checkpoint was unlawful under G.S. 20-16.3A. Because the defendant did not actually stop at the checkpoint, its invalidity was irrelevant to whether an officer had sufficient reasonable suspicion to stop the...
An officer had reasonable suspicion to stop the defendant’s vehicle where the defendant’s weaving in his own lane was sufficiently frequent and erratic to prompt evasive maneuvers from other drivers. Distinguishing cases holding that weaving within a lane, standing alone, is insufficient to...
An officer had a reasonable, articulable suspicion that criminal activity was afoot when he detained the defendant. After 10 pm the officer learned of a report of suspicious activity at Auto America. When the officer arrived at the scene he saw the defendant, who generally matched the...
An officer had a reasonable, articulable suspicion that criminal activity was afoot when he detained the defendant. After 10 pm the officer learned of a report of suspicious activity at Auto America. When the officer arrived at the scene he saw the defendant, who generally matched the...
An officer had a reasonable, articulable suspicion that criminal activity was afoot when he detained the defendant. After 10 pm the officer learned of a report of suspicious activity at Auto America. When the officer arrived at the scene he saw the defendant, who generally matched the...
An officer lawfully stopped a vehicle after observing the defendant drive approximately 10 mph above the speed limit. The court rejected the defendant’s argument that the traffic stop was a pretext to search for drugs as irrelevant in light of the fact that the defendant was lawfully stopped for...
An officer lawfully stopped a vehicle after observing the defendant drive approximately 10 mph above the speed limit. The court rejected the defendant’s argument that the traffic stop was a pretext to search for drugs as irrelevant in light of the fact that the defendant was lawfully stopped for...
Reasonable suspicion supported the length of the stop. The officer’s initial questions regarding the defendant’s license, route of travel, and occupation were within the scope of the traffic stop. Any further detention was appropriate in light of the following facts: the defendant did not have a...
The trial court erred by denying the defendant’s motion to suppress evidence of his alleged impairment where the evidence was the fruit of an illegal stop. An officer who was surveying an area in the hope of locating robbery suspects saw the defendant pull off to the side of a highway in a...
The trial court erred denying the defendant’s motion to suppress. Officers responded to a complaint of loud music in a location they regarded as a high crime area. The officers did not see the defendant engaged in any suspicious activity and did not see any device capable of producing loud music...
The trial court erred denying the defendant’s motion to suppress. Officers responded to a complaint of loud music in a location they regarded as a high crime area. The officers did not see the defendant engaged in any suspicious activity and did not see any device capable of producing loud music...
The trial court erred by admitting evidence obtained by an officer who exceeded the proper scope of a Terry frisk. After the officer stopped the juvenile, he did a weapons frisk and found nothing. When the officer asked the juvenile to identify himself, the juvenile did not respond....
Officers had reasonable suspicion to stop the defendant. When officers on a gang patrol noticed activity at a house, they parked their car to observe. The area was known for criminal activity. The defendant exited a house and approached the officers’ car. One of the officers had previously made...
Officers had reasonable suspicion to stop the defendant. When officers on a gang patrol noticed activity at a house, they parked their car to observe. The area was known for criminal activity. The defendant exited a house and approached the officers’ car. One of the officers had previously made...
An officer’s act of handcuffing the defendant during a Terry stop was reasonable and did not transform the stop into an arrest. The officer observed what he believed to be a hand-to-hand drug transaction between the defendant and another individual; the defendant was sitting in the back...
An officer had reasonable suspicion to stop the defendant’s vehicle. An informant told the officer that after having his prescriptions for hydrocodone and Xanax filled, Mr. Shaw would immediately take the medication to defendant Treadway’s residence, where he sold the medications to Treadway;...
An officer had reasonable suspicion to stop the defendant’s vehicle. An informant told the officer that after having his prescriptions for hydrocodone and Xanax filled, Mr. Shaw would immediately take the medication to defendant Treadway’s residence, where he sold the medications to Treadway;...
The trial court erred by denying the juvenile’s motion to dismiss a charge of resisting a public officer when no reasonable suspicion supported a stop of the juvenile (the activity that the juvenile allegedly resisted). An anonymous caller reported to law enforcement “two juveniles in Charlie...
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...
Citing California v. Hodari D, 499 U.S. 621 (1991), the court held that the defendant was not seized when he dropped a plastic baggie containing controlled substances. An officer was patrolling at night in an area where illegal drugs were often sold, used, and maintained. When the...
Officers had reasonable suspicion to stop a vehicle in which the defendant was a passenger based on the officers’ good faith belief that the driver had a revoked license and information about the defendant’s drug sales provided by three informants. Two of the informants were confidential...
An officer lacked reasonable suspicion to stop the defendant’s vehicle. Around midnight, officers were conducting a traffic stop at Olde Waverly Place, a partially developed subdivision. While doing so, an officer noticed the defendant’s construction vehicle enter the subdivision and proceed to...
Officers had reasonable suspicion to stop a vehicle in which the defendant was a passenger based on the officers’ good faith belief that the driver had a revoked license and information about the defendant’s drug sales provided by three informants. Two of the informants were confidential...
Citing Whren v. United States, 517 U.S. 806, 813 (1996), the court rejected the defendant’s argument that a stop for an alleged violation of G.S. 20-129(d) (motor vehicle’s rear plate must be lit so that it can be read from a distance of 50 feet) was pretextual. Under Whren, ...
The trial court properly denied a motion to suppress asserting that a vehicle stop was improperly prolonged. An officer stopped the truck after observing it follow too closely and make erratic lane changes. The occupants were detained until a Spanish language consent to search form could be...
The trial court properly denied the defendant’s motion to suppress when officers had reasonable suspicion to believe that the defendant committed a traffic violation supporting the traffic stop. The stop was premised on the defendant’s alleged violation of G.S. 20-129(d), requiring that a motor...
An officer had reasonable suspicion to believe that the defendant was armed and dangerous justifying a pat-down frisk. Around midnight, the officer stopped the defendant’s vehicle after determining that the tag was registered to a different car; prior to the stop, the defendant and his passenger...
An officer had reasonable suspicion to stop the defendant’s vehicle after the officer observed the vehicle twice cross the center line of I-95 and pull back over the fog line.
Distinguishing State v. Fields, the court held that reasonable suspicion existed to support the stop. The defendant was not only weaving within his lane, but also was weaving across and outside the lanes of travel, and at one point ran off the road.
The trial court properly concluded that an officer had reasonable suspicion to believe that the defendant was committing a traffic violation when he saw the defendant driving on a public street while using his windshield wipers in inclement weather but not having his taillights on. The trial...
An officer lacked reasonable suspicion for a stop. The State stipulated that the officer knew, at the time of the stop, that the robbery suspects the officer was looking for were approximately 18 years old. The defendant was 51 years old at the time of the stop. Even if the officer could not...
On remand, the court held that officers did not exceed the scope of the frisk by confiscating a digital scale from the defendant’s pocket. An officer testified that he knew the object was a digital scale based on his pat-down without manipulation of the object and that individuals often carry...
An anonymous tip lacked a sufficient indicia of reliability to justify the warrantless stop. The anonymous tip reported that a black male wearing a white t-shirt and blue shorts was selling illegal narcotics and guns at the corner of Pitts and Birch Streets in the Happy Hill Garden housing...
A tip from a confidential informant had a sufficient indicia of reliability to support a stop of the defendant’s vehicle where the evidence showed that: (1) a confidential informant who had previously provided reliable information told police that the defendant would be transporting cocaine that...
The vehicle checkpoint did not violate the defendant’s Fourth Amendment rights. The primary programmatic purpose of the checkpoint—to determine if drivers were complying with drivers license laws and to deter citizens from violating these laws—was a lawful one. Additionally, the checkpoint...
The officer had reasonable suspicion to stop when the officer saw the defendant commit a violation of G.S. 20-154(a) (driver must give signal when turning whenever the operation of any other vehicle may be affected by such movement). Because the defendant was driving in medium traffic, a short...
In a drug case, a tip from a confidential informant provided reasonable suspicion justifying the stop where the relevant information was known by the officer requesting the stop but not by the officer conducting the stop. The confidential informant had worked with the officer on several...
An encounter between the defendant and an officer did not constitute a seizure. The officer parked his patrol car on the opposite side of the street from the defendant’s parked car; thus, the officer did not physically block the defendant’s vehicle from leaving. The officer did not activate his...
No stop occurred when the defendant began to run away as the officers exited their vehicle. The defendant did not stop or submit to the officers’ authority at this time.
Because the defendant was not stopped until after he ran away from the officers, his flight could be considered in determining that there was reasonable suspicion to stop.
The trial court applied the wrong legal standard when granting the defendant’s motion to suppress. The trial court held that an arrest occurred when the defendant was handcuffed by an officer, and the arrest was not supported by probable cause. The trial court should have determined whether...
Declining to consider the defendant’s challenge to the constitutionality of a vehicle checkpoint where officers did not stop the defendant’s vehicle as a part of the checkpoint but rather approached it after the defendant parked it on the street about 100-200 feet from the checkpoint.
There were no grounds providing reasonable and articulable suspicion for extending a vehicle stop once the original purpose of the stop (suspicion that the driver was operating the vehicle without a license) had been addressed. After the officer verified that the driver had a valid license, she...
No seizure occurred when officers approached the defendant and asked to speak with him regarding a shooting. The defendant submitted to questioning without physical force or show of authority by the police; the officers did not raise their weapons or activate their blue lights.
An officer had reasonable suspicion to frisk the defendant after stopping him for a traffic violation. Even though the officer could see something in the defendant’s clenched right hand, the defendant stated that he had nothing in his hand; the defendant appeared to be attempting to physically...
Anonymous informant’s tips combined with officers’ corroboration provided reasonable suspicion for a stop. The anonymous tips provided specific information of possessing and selling marijuana, including the specific location of such activity (a shed at the defendant's residence). The tips were...
Reasonable suspicion existed for a stop. An assault victim reported to a responding officer that the perpetrator was a tall white male who left in a small dark car driven by a blonde, white female. The officer saw a small, light-colored vehicle travelling away from the scene; driver was a blonde...
Neither an anonymous tip nor an officer’s observation of the vehicle weaning once in its lane provided reasonable suspicion to stop the vehicle in this DWI case. At approximately 7:50 p.m., an officer responded to a dispatch concerning “a possible careless and reckless, D.W.I., headed towards...
Neither an anonymous tip nor an officer’s observation of the vehicle weaving once in its lane provided reasonable suspicion to stop the vehicle in this DWI case. At approximately 7:50 p.m., an officer responded to a dispatch concerning “a possible careless and reckless, D.W.I., headed towards...
No reasonable suspicion existed for the stop. Around 4:00 p.m., an officer followed the defendant’s vehicle for about 1 1/2 miles. After the officer saw the defendant’s vehicle swerve to the white line on the right side of the traffic lane three times, the officer stopped the vehicle for...
An officer had reasonable suspicion to stop and frisk the defendant. The officer saw the defendant, who substantially matched a “be on the lookout” report following a robbery, a few blocks from the crime scene, only minutes after the crime occurred and travelling in the same direction as the...
An officer had reasonable suspicion to stop and frisk the defendant. The officer saw the defendant, who substantially matched a “be on the lookout” report following a robbery, a few blocks from the crime scene, only minutes after the crime occurred and travelling in the same direction as the...
An officer had reasonable suspicion to stop and frisk the defendant. The officer saw the defendant, who substantially matched a “be on the lookout” report following a robbery, a few blocks from the crime scene, only minutes after the crime occurred and travelling in the same direction as the...
Following Maready and holding that there was reasonable suspicion to stop the defendant’s vehicle. At 2:55 am, a man called the police and reported that his car was being followed by a man with a gun. The caller reported that he was in the vicinity of a specific intersection. The caller...
Reasonable suspicion supported prolonging the detention of the defendant after the officer returned his license and the car rental contract and issued him a verbal warning for speeding. The defendant misidentified his passenger and was nervous. Additionally other officers had informed the...