State v. Carpenter

632 S.E.2d 538, 179 N.C. App. 79, 2006 N.C. App. LEXIS 1623
CourtCourt of Appeals of North Carolina
DecidedAugust 1, 2006
DocketCOA05-915
StatusPublished
Cited by5 cases

This text of 632 S.E.2d 538 (State v. Carpenter) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Carpenter, 632 S.E.2d 538, 179 N.C. App. 79, 2006 N.C. App. LEXIS 1623 (N.C. Ct. App. 2006).

Opinions

STEELMAN, Judge.

Defendant was indicted for the felonies of possession with intent to sell and deliver cocaine and possession with intent to sell and deliver marijuana. Defendant was found guilty by a jury of both charges. The convictions were consolidated for sentencing and defendant received an active sentence of 11 to 14 months imprisonment. Defendant appeals. For the reasons set forth in this opinion, we find no error in defendant’s trial.

Evidence presented at trial tended to show that on 11 March 2004, defendant was a passenger in a motor vehicle. Officer Harris of the Lincolnton Police Department stopped the vehicle for traveling left of the center line. As he approached the vehicle, he saw smoke emanating from the passenger compartment of the vehicle and smelled the odor of marijuana. After patting down the driver, defendant was removed from the vehicle and was searched. During his search of the defendant, the officer found a small cylindrical object in the pocket of the defendant’s shirt. The container held ten to twelve rocks of crack cocaine. The officer placed the defendant under arrest and continued to search him. When the defendant removed his shoes, Officer Harris found two bags of marijuana. None of the other occupants of the vehicle possessed any weapons or contraband.

In his first argument, defendant contends that the trial court erred in denying his motion to suppress the drugs found on his person. He contends that no hearing was held on the motion and he asserts that the motion should have been granted because the evidence was obtained through an illegal search. We disagree.

Although defendant argues that the trial court did not hold a hearing to consider his motion to suppress, the record clearly reflects that a hearing was held on 21 February 2005 and that the trial court entered a detailed order containing findings of fact and conclusions of law.

[82]*82Defendant fails to assign as error any of the findings of fact made by the trial court. As a result these findings are binding on appeal and our review is limited to whether the findings of fact support the trial court’s conclusions of law. State v. Allison, 148 N.C. App. 702, 704, 559 S.E.2d 828, 829-30 (2002); State v. Durham, 74 N.C. App. 121, 123, 327 S.E.2d 312, 314 (1985).

The trial court found the following relevant facts:

When the officer arrived at the vehicle, he smelled a pungent and strong odor of marijuana coming from the vehicle. He could see smoking coming from the vehicle and the inside of the vehicle had a haze to it.
The defendant was then removed from the vehicle and patted down for weapons as well as to find the source of the marijuana odor.
During the pat down the officer felt a small cylindrical object, reportedly plastic in nature, about the size of a tube of lip balm or chapstick. This particular item rattled during the pat down.
The officer subsequently removed the container from the defendant, opened the same, and found ten to twelve rocks of crack cocaine.
He placed the defendant under arrest and continued to search the defendant. In removing the defendant’s shoes or boots, whichever he happened to be wearing, two small bags of a green vegetable substance was found, which appears to have been marijuana.

The trial court concluded that pursuant to Maryland v. Wilson, 519 U.S. 408, 137 L. Ed. 2d 41 (1997), Officer Harris had the right to remove the passengers of the vehicle without that constituting a search under the Fourth Amendment to the United States Constitution. The trial court further concluded that under Minnesota v. Dickerson, 508 U.S. 366, 124 L. Ed. 2d 334 (1993), Officer Harris had a reasonable, articulable suspicion that the container he felt did in fact contain drugs.

Officer Harris properly stopped the motor vehicle for traveling left of the center line. State v. Jones, 96 N.C. App. 389, 395, 386 S.E.2d 217, 221 (1989) appeal dismissed 326 N.C. 366, 389 S.E.2d 809 (1990). When an officer detects the smell of marijuana emanating from a vehicle, the officer has probable cause for a warrantless search of the [83]*83vehicle for drugs. State v. Greenwood, 301 N.C. 705, 708, 273 S.E.2d 438, 441 (1981), State v. Corpening, 109 N.C. App. 586, 589, 427 S.E.2d 892, 894-95 (1993). An officer may be justified in conducting a war-rantless search of an individual based on an odor of marijuana emanating from that person. State v. Yates, 162 N.C. App. 118, 123, 589 S.E.2d 902, 905 (2004). In addition: “When there are reasonable grounds to order an occupant out of the car, then he may be subjected to a limited search for weapons when the facts available to the officer justify the belief that such an action is appropriate.” State v. Collins, 38 N.C. App. 617, 619, 248 S.E.2d 405, 407 (1978).

In the instant case, Officer Harris felt the canister containing crack cocaine in the course of patting down defendant for weapons after making a valid stop and smelling a strong odor of marijuana. Based on his experience as a law enforcement officer, Officer Harris believed that the canister, which rattled, might contain contraband. Upon discovering the canister contained what appeared to be crack cocaine, Officer Harris placed defendant under arrest. Once an individual is lawfully arrested, an officer may search the individual incident to the arrest. State v. Roberts, 276 N.C. 98, 102-03, 171 S.E.2d 440, 443 (1970). During this search, the officer may take any property that the person has that is connected with the crime or that might be required as evidence of the crime. Id. “If such article is otherwise competent, it may properly be introduced in evidence by the State.” Id. (citing State v. Tippett, 270 N.C. 588, 155 S.E.2d 269 (1967)). In the present case, Officer Harris continued to search the defendant incident to his arrest and found the bag of marijuana in the defendant’s shoe.

We hold that the trial court’s findings support its conclusions of law, and that the trial court properly denied defendant’s motion to suppress. This argument is without merit.

In his second argument, the defendant contends that the trial court erred in permitting evidence of his prior drug sale under the North Carolina Rules of Evidence 403 and 404(b) to be presented to the jury. He argues that the evidence of a prior drug sale was presented solely to show his propensity to commit a crime and that the probative value of the evidence did not outweigh its prejudicial effect. We disagree.

Prior to the admission of this evidence, the court conducted a voir dire

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Rayfield
752 S.E.2d 745 (Court of Appeals of North Carolina, 2014)
State v. Simmons
662 S.E.2d 559 (Court of Appeals of North Carolina, 2008)
State v. Caudill
654 S.E.2d 831 (Court of Appeals of North Carolina, 2008)
State v. Carpenter
646 S.E.2d 105 (Supreme Court of North Carolina, 2007)
State v. Carpenter
632 S.E.2d 538 (Court of Appeals of North Carolina, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
632 S.E.2d 538, 179 N.C. App. 79, 2006 N.C. App. LEXIS 1623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carpenter-ncctapp-2006.