State v. Heien

741 S.E.2d 1, 226 N.C. App. 280, 2013 N.C. App. LEXIS 331
CourtCourt of Appeals of North Carolina
DecidedApril 2, 2013
DocketNo. COA11-52-2
StatusPublished
Cited by9 cases

This text of 741 S.E.2d 1 (State v. Heien) 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. Heien, 741 S.E.2d 1, 226 N.C. App. 280, 2013 N.C. App. LEXIS 331 (N.C. Ct. App. 2013).

Opinions

McCullough, judge.

Nicholas Brady Heien (“defendant”) pled guilty to attempted trafficking in cocaine by transportation and possession in Surry County Superior Court in May 2010, preserving his right to seek review of the denial of his motion to suppress. The trial judge found defendant’s prior record level to be Level I and sentenced defendant to ten to twelve months on each count with the sentence on the second count to be served consecutively to the first. Defendant appealed to this Court {“Heien I”). That appeal resulted in our Court reversing defendant’s conviction. In that case, this Court held that the traffic stop which led to defendant’s arrest was not based on reasonable suspicion. The State successfully sought discretionary review of our decision. Our Supreme Court reversed and remanded to this Court so that the remaining issues raised by defendant could be addressed. This appeal addresses defendant’s other challenges to the search which resulted in his conviction.

The events which led to defendant’s arrest and conviction originated with a traffic stop initiated by Sergeant M.M. Darisse, an officer with the Surry County Sheriff’s Department. The facts regarding this stop are more fully set forth in our initial opinion concerning defendant’s case, State v. Heien, _ N.C. App. _, 714 S.E.2d 827 (2011) (Heien I), and our Supreme Court’s opinion which reversed Heien I, State v. Heien, _ N.C. _, __ S.E.2d _ (filed 14 December 2012). The facts will not be repeated in this opinion except to the extent necessary to support this Court’s rationale.

In this Court’s initial decision concerning defendant’s appeal, we reversed defendant’s conviction on the basis of the officer’s stop, which the lower court found to be valid. There the trial court stated, “[Sergeant] Darisse had a reasonable and articulable suspicion that the . . . vehicle and the driver were violating the laws of this State by operating a motor vehicle without a properly functioning brake light.” In Heien I, this Court found, after an extensive statutory analysis, that the statute dealing with brake lights as opposed to taillights, only required a vehicle to have one functioning brake light, and thus the officer’s belief [282]*282that defendant’s vehicle must have two functioning brake lights was erroneous. That statute reads:

(g) No person shall sell or operate on the highways of the State any motor vehicle, motorcycle or motor-driven cycle, manufactured after December 31, 1955, unless it shall be equipped with a stop lamp on the rear of the vehicle. The stop lamp shall display a red or amber light visible from a distance of not less than 100 feet to the rear in normal sunlight, and shall be actuated upon application of the service (foot) brake. The stop lamp may be incorporated into a unit with one or more other rear lamps.

N.C. Gen. Stat. § 20429(g) (2011) (emphasis added).

The State appealed and our Supreme Court ruled that the officer’s traffic stop was objectively reasonable. Heien, _ N.C. _, _ S.E.2d _. At the Supreme Court, the State accepted this Court’s statutory interpretation in Helen I. Our Supreme Court stated:

After considering the totality of the circumstances, we conclude that there was reasonable, articulable suspicion to conduct the traffic stop of the Escort in this case. We are not persuaded that, because Sergeant Darisse was mistaken about the requirements of our motor vehicle laws, the traffic stop was necessarily unconstitutional. After all, reasonable suspicion is a “commonsense, nontechnical conception^ ... on which reasonable and prudent men, not legal technicians, act,” Ornelas, 517 U.S. at 695, 116 S. Ct. at 1661, 134 L. Ed. 2d at 918 (citations and internal quotation marks omitted), and the Court of Appeals analyzed our General Statutes at length before reaching its conclusion that the officer’s interpretation of the relevant motor vehicle laws was erroneous. After considering the totality of the circumstances, we hold that Sergeant Darisse’s mistake of law was objectively reasonable and that he had reasonable suspicion to stop the vehicle in which defendant was a passenger. Accordingly, we reverse the decision of the Court of Appeals and remand this case to that court for additional proceedings.

Heine, _ N.C. at _, _ S.E.2d at _,1

[283]*283The case has now been remanded to this Court to address defendant’s remaining challenge to the events leading up to his arrest. In defendant’s Motion To Suppress, defendant argues:

10. No traffic charges were filed, and only a warning ticket was written. The continuation of the investigation after the motor vehicle stopped, including the questioning of the Defendant, was not based on a reasonable articu-lable suspicion that criminal activity had been committed or was being committed.
11. The time that lapsed after Officer Darisse learned from the Department of Motor Vehicles computer that as to Mr. [V]asquez, “... everything was valid on the license and registration ...” and wrote the warning ticket, constituted an unreasonably prolonged traffic stop and Defendant was unlawfully detained and his car unlawfully searched.
12. Under the totality of the circumstances the officers had no just cause to detain the Defendant, question him, or search his vehicle without a warrant.
13. The questioning and other investigation of the Defendant, the prolonged stop, and the search and seizure of Defendant and his property were in violation of the Fourth Amendment of the United States Constitution as the same is made applicable to the states, and are in violation of Article I, Sections 19 and 20 of the Constitution of the State of North Carolina.

II. SCOPE OF THE VEHICLE SEARCH

14. The alleged controlled substance was found inside a sandwich bag which was inside a paper towel which was inside a white grocery bag which was inside the side compartment of a duffle bag which was inside the vehicle. Neither Officer Darisse nor Officer Ward advised the Defendant that they were going to search his car for narcotics before he gave verbal consent. The Defendant was entitled to know the object of their search prior to giving consent. Had he known, he would have [284]*284had the opportunity to place explicit limitations on the search. The failure of the officers to explain the object of the search violates Defendant’s right to be free from unreasonable searches under the Fourth Amendment to the ÍUnitedl States Constitution and Articles 19 and 20 of the Constitution of North Carolina, and evidence of items found inside the duffle bag and elsewhere inside the vehicle should be suppressed.

STANDARD OF REVIEW

In reviewing a trial court’s order concerning a motion to suppress, this Court utilizes the following test:

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135 S. Ct. 530 (Supreme Court, 2014)
State v. Heien
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Cite This Page — Counsel Stack

Bluebook (online)
741 S.E.2d 1, 226 N.C. App. 280, 2013 N.C. App. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-heien-ncctapp-2013.