State v. Barnard

658 S.E.2d 643, 362 N.C. 244, 2008 N.C. LEXIS 338
Supreme Court of North Carolina·Decided April 11, 2008·No. 347A07·Published·Cited by 92 cases

Opinions

NEWBY, Justice.

In this case we determine whether defendant’s constitutional rights were violated by the traffic stop that led to his convictions. Based on the totality of the circumstances here, defendant’s thirty-second delay before proceeding through a green traffic light gave rise [245] to a reasonable, articulable suspicion that he may have been driving while impaired. Because the stop of defendant’s vehicle was constitutional, we affirm the majority decision of the Court of Appeals that affirmed the trial court’s denial of defendant’s motion to suppress all evidence obtained as a result of the stop.

Around 12:15 a.m. on 2 December 2004, Officer Brett Maltby was on patrol in a high crime area of downtown Asheville where a number of bars are located. Officer Maltby’s marked patrol car was stopped behind defendant’s vehicle at a red traffic light. When the light turned green, defendant remained stopped for approximately thirty seconds before making a legal left turn. Officer Maltby initiated a stop of the vehicle.

WThen he approached defendant to ask for his driver’s license and registration, Officer Maltby noticed that defendant was shaking and that his breathing was rapid. Officer Maltby also detected a slight odor of alcohol on defendant’s breath. Defendant said he did not have his license with him and gave Officer Maltby a name and birth date that did not match information on the officer’s computer. Officer Maltby returned and asked defendant to step out of the vehicle. At that point, he observed an open container of alcohol in defendant’s vehicle. After Officer Maltby placed defendant in investigatory detention, defendant provided his correct name, and Officer Maltby determined that defendant’s driver’s license was suspended. Officer Dwight Arrowood arrived at the scene and recovered a crack pipe (later determined to contain cocaine residue) and associated paraphernalia from defendant’s vehicle.

Defendant offered to make a controlled buy of narcotics from a person known as “One-Arm Willy” if Officer Maltby would void defendant’s citations for possession of an open container, driving while license suspended, and possession of drug paraphernalia. Officer Maltby agreed he would void the citations if defendant made a controlled buy. Later that night defendant successfully purchased a crack rock from One-Arm Willy. However, upon defendant’s return to the police station, Officer Maltby searched defendant and found a second rock of cocaine, which defendant had obtained as a “front” from One-Arm Willy.

Defendant was subsequently charged with two counts of possession of cocaine and two counts of having achieved habitual felon status. Before trial, defendant moved to suppress evidence seized as a result of the searches of his vehicle and his person, as well as the [246] statements he made to the police. Defendant’s motion to suppress was denied. A jury found defendant guilty of two counts of possession of cocaine, and defendant pled guilty to one count of having achieved habitual felon status. The remaining habitual felon status charge was dismissed.

A divided Court of Appeals panel found no error. The majority determined that the thirty-second delay after the traffic light turned green gave Officer Maltby a reasonable suspicion that defendant was driving while impaired. Therefore, the evidence obtained as a result of the stop was properly admitted. State v. Barnard, 184 N.C. App. 25, 30-31, 645 S.E.2d 780, 784 (2007).1 The dissent argued that a thirty-second delay, standing alone, did not provide reasonable suspicion of driving while impaired. As a result, the dissent would have excluded the evidence obtained and statements made during the stop. Id. at -, 645 S.E.2d at 789-90 (Calabria, J., dissenting). However, the dissent recommended a remand to determine whether defendant consented to the search that occurred following the controlled buy. Id. at -, 645 S.E.2d at 790-91.

The question before this Court is whether the stop of defendant’s vehicle was constitutional. The Fourth Amendment protects individuals “against unreasonable searches and seizures.” U.S. Const, amend. IV. The North Carolina Constitution provides similar protection. N.C. Const, art. I, § 20. A traffic stop is a seizure “even though the purpose of the stop is limited and the resulting detention quite brief.” Delaware v. Prouse, 440 U.S. 648, 653, 99 S. Ct. 1391, 1396, 59 L. Ed. 2d 660, 667 (1979). Such stops have “been historically viewed under the investigatory detention framework first articulated in Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968).” United States v. Delfin-Colina, 464 F.3d 392, 396 (3rd Cir. 2006) (citation omitted). Despite some initial confusion following the United States Supreme Court’s decision in Whren v. United States, 517 U.S. 806, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996), courts have continued to hold that a traffic stop is constitutional if the officer has a “reasonable, articulable suspicion that criminal activity is afoot.” Illinois v. [247] Wardlow, 528 U.S. 119, 123, 120 S. Ct. 673, 675, 145 L. Ed. 2d 570, 576 (2000) (citing Terry, 392 U.S. at 30, 88 S. Ct. at 1884, 20 L. Ed. 2d at 911); see Delfin-Colina, 464 E3d at 396-97.

Reasonable suspicion is a “less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence.” Wardlow, 528 U.S. at 123, 120 S. Ct. at 675-76, 145 L. Ed. 2d at 576 (citation omitted). Only “ ‘some minimal level of objective justification’ ” is required. United States v. Sokolow, 490 U.S. 1, 7, 109 S. Ct. 1581, 1585, 104 L. Ed. 2d 1, 10 (1989) (quoting INS v. Delgado, 466 U.S. 210, 217, 104 S. Ct. 1758, 1763, 80 L. Ed. 2d 247, 255 (1984)). This Court has determined that the reasonable suspicion standard requires that “[t]he stop ... be based on specific and articulable facts, as well as the rational inferences from those facts, as viewed through the eyes of a reasonable, cautious officer, guided by his experience and training.” State v. Watkins, 337 N.C. 437, 441, 446 S.E.2d 67, 70 (1994) (citing Terry, 392 U.S. at 21-22, 88 S. Ct. at 1880, 20 L. Ed. 2d at 906). Moreover, “[a] court must consider ‘the totality of the circumstances — the whole picture’ in determining whether a reasonable suspicion” exists. Id. (quoting United States v. Cortez, 449 U.S. 411, 417, 101 S. Ct. 690, 695, 66 L. Ed. 2d 621, 629 (1981)).

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State v. Barnard, 658 S.E.2d 643, 362 N.C. 244, 2008 N.C. LEXIS 338 (N.C. 2008).

658 S.E.2d 643 (State v. Barnard) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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