State v. Jihad

CourtCourt of Appeals of North Carolina
DecidedMarch 18, 2026
Docket25-220
StatusUnpublished
AuthorJudge Fred Gore

This text of State v. Jihad (State v. Jihad) 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. Jihad, (N.C. Ct. App. 2026).

Opinion

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA25-220

Filed 18 March 2026

Nash County, No. 22CR051483-630

STATE OF NORTH CAROLINA

v.

USAMAH JIHAD, Defendant.

Appeal by defendant from judgment entered 26 October 2023 by Judge

Timothy W. Wilson in Nash County Superior Court. Heard in the Court of Appeals

26 August 2025.

Attorney General Jeff Jackson, by Assistant Attorney General Joseph R. Mouer, for the State-appellee.

Appellate Defender Glenn Gerding, by Assistant Appellate Defender David S. Hallen, for defendant-appellant.

GORE, Judge.

Defendant Usamah Jihad appeals his conviction for robbery with a dangerous

weapon. Defendant specifically argues the trial court erred by denying his motion to

suppress. Upon review of the record and the briefs, we discern no error.

I. STATE V. JIHAD

Opinion of the Court

On 11 May 2022, Samuel Parham was robbed at gun point after pulling into

his driveway. Two men approached his vehicle from both sides just after he parked.

Both men were wearing ski masks; the man on the driver’s side pointed a gun at

Parham’s head and threatened to kill him if he did not give them money. Parham

handed his wallet to the man with the gun while the man on the passenger’s side of

the car reached in and took his phone and charger. The men fled after robbing

Parham and drove away in a two-toned Lexus.

Prior to the robbery, a series of shootings took place on a nearby street.

Trayvon Finch was considered a person of interest in the second shooting because

police overheard Finch say he would get revenge after his brother was injured during

the first shooting. Police were aware Finch drove a gold Infiniti with black wheels

due to investigating the first shooting where Finch lived. The suspect of the first

shooting became the victim in the second shooting. While at the scene of the second

shooting, Sergeant Robinson noticed the gold Infiniti drive by the house twice and

decided to follow the vehicle, because his training and experience taught him that

perpetrators return to the crime scene to observe officers investigating the scene.

Sergeant Robinson initiated a stop after following the vehicle and noticing the

temporary registration tag was crumpled and difficult to read from his vantage point.

Defendant was the passenger in the vehicle driven by Finch. Sergeant Robinson

detained defendant and Finch, and searched the vehicle after finding marijuana ash

on Finch’s clothing. Upon searching the vehicle, Robinson found Parham’s wallet, a

-2- STATE V. JIHAD

bag of marijuana, .45-caliber ammunition, and dark colored masks. Sergeant

Robinson also searched Finch and defendant and found handguns and money in their

pockets and pant legs. Officers later discovered the two-toned Lexus at defendant’s

house.

Defendant was charged with carrying a concealed weapon, possession of

marijuana, possession of stolen goods, and robbery with a dangerous weapon. Prior

to trial, the State dismissed all of defendant’s charges except robbery with a

dangerous weapon. Defendant filed a motion to suppress the evidence based upon

Sergeant Robinson’s stop and search of the gold Infiniti. The trial court denied

defendant’s motion to suppress. The jury returned a guilty verdict, and defendant

was convicted of robbery with a dangerous weapon. Defendant was sentenced to 64

to 89 months’ imprisonment. Defendant timely appealed the judgment.

II.

Defendant appeals of right pursuant to N.C.G.S. §§ 7A-27(b) and 15A-1444(a).

Defendant argues the trial court erred by denying his motion to suppress. We review

the denial of a motion to suppress to “determine whether competent evidence

supports the trial court’s findings of fact and whether the findings of fact support the

conclusions of law.” State v. Williams, 366 N.C. 110, 114 (2012). We review

conclusions of law de novo. Id. “The trial court’s findings of fact on a motion to

suppress are conclusive on appeal if supported by competent evidence, even if the

evidence is conflicting.” Id.

-3- STATE V. JIHAD

In the present case, defendant challenges finding five of the trial court’s order

denying his motion to suppress the evidence. Finding five states, “[d]ue to the

crumpled state of the tag and the way it was affixed to the rear of the Infiniti, [Officer]

Robinson could not read the numbers and lettering on the temporary license plate

from his position behind the gold Infiniti.” Defendant argues the exhibits

demonstrate the license plate was legible and clearly visible. Whereas, the State

argues the following evidence supports the trial court’s finding: Sergeant Robinson’s

testimony that the temporary license plate was “disheveled, crumpled, difficult to

read” and that he could not read it while driving behind it; a photo of Sergeant

Robinson’s vantage point of the tag while on the roadway; and the body camera

footage of the stop.

Notably, some of the exhibits of the temporary registration tag appear legible

while some of the images make the tag appear illegible. Additional body camera

footage showed angles that either made the tag appear legible or illegible. Despite

the conflicting evidence, there is competent evidence to support the trial court’s

finding five that Sergeant Robinson could not read the temporary registration tag

from his position behind the vehicle.

Defendant also challenges the trial court’s conclusion twenty-seven in the

order. Conclusion twenty-seven says, “The State proved by a preponderance of the

evidence that the May 11 stop of the gold Infiniti was supported by reasonable,

-4- STATE V. JIHAD

articulable suspicion.” Defendant argues Sergeant Robinson lacked a reasonable

suspicion he committed a traffic violation to justify the stop.

An officer may initiate a traffic stop for a traffic violation or suspicion of

criminal activity. “A traffic stop is permitted if the officer has a reasonable,

articulable suspicion that criminal activity is afoot.” State v. Styles, 362 N.C. 412,

414 (2008) (cleaned up). “Reasonable suspicion is the necessary standard for traffic

stops, regardless of whether the traffic violation was readily observed or merely

suspected.” Id. at 415 (cleaned up). “Reasonable suspicion is a less demanding

standard than probable cause and requires a showing considerably less than

preponderance of the evidence. Id. at 414.

We consider the totality of the circumstances when determining whether the

officer had reasonable suspicion to conduct the traffic stop. Id. “Our Court has held

thirty-day tags that were unreadable, or on which parts of the tag were concealed,

obstructed, or illegible, justified the officers in those cases stopping the vehicles

involved.” State v. Burke, 212 N.C. App. 654, 658 (2011), aff’d, 365 N.C. 415 (2012).

In the present case, the trial court found that the registration tag was

crumpled in a way that Sergeant Robinson could not read the tag. It further found

that Sergeant Robinson considered this a violation of Chapter 20 of the North

Carolina General Statutes. N.C.G.S.

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Related

State v. Styles
665 S.E.2d 438 (Supreme Court of North Carolina, 2008)
State v. Hudson
407 S.E.2d 583 (Court of Appeals of North Carolina, 1991)
State v. Burke
712 S.E.2d 704 (Court of Appeals of North Carolina, 2011)
State v. Williams
726 S.E.2d 161 (Supreme Court of North Carolina, 2012)
State v. Burke
720 S.E.2d 388 (Supreme Court of North Carolina, 2012)

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Bluebook (online)
State v. Jihad, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jihad-ncctapp-2026.