State v. Maready

669 S.E.2d 564, 362 N.C. 614, 2008 N.C. LEXIS 985
Supreme Court of North Carolina·Decided December 12, 2008·No. 32A08·Published·Cited by 40 cases

Opinions

NEWBY, Justice.

This case, which involves an investigatory traffic stop and the subsequent criminal trial, presents three issues. First, we determine whether the law enforcement officers who conducted the traffic stop had reasonable suspicion to justify their detention of defendant. Next, we resolve whether the trial court committed plain error in its instructions to the jury regarding the purposes for which they could consider defendant’s prior convictions. Finally, we decide whether it was error for the trial court to admit into evidence prior convictions against defendant that were more than sixteen years old. Because we hold the traffic stop was lawful and defendant received a trial free of plain error, we reverse the decision of the Court of Appeals.

I. BACKGROUND

As a result of a traffic accident in which a person was killed, a Durham County grand jury indicted defendant for second-degree murder; felonious larceny and felonious possession of stolen goods (based on the theft of an automobile); assault with a deadly weapon inflicting serious injury; two counts of assault with a deadly weapon; driving while impaired; driving while license revoked; careless and reckless driving; felony speeding to elude arrest; and habitual felon status. At his trial, defendant moved to suppress all testimony related to the traffic stop that gave rise to these charges, arguing the [617] officers who detained him lacked reasonable suspicion of criminal activity. In its order denying the motion to suppress, the trial court made findings of fact based on the voir dire testimony, stating in essence the following.

On 12 February 2005, two deputies from the Durham County Sheriff’s Office were on patrol and saw an apparently intoxicated man walking along Sherron Road in Durham County. The man was staggering near the roadway, so the deputies began driving toward him. As they did so, the deputies saw in the opposite lane a minivan being driven at a slow pace with its hazard lights activated. Behind the minivan was a silver Honda Civic. The officers watched as the intoxicated man ran across the roadway, crossing two traffic lanes, and got into the Honda. After passing the minivan, which had come to a stop, the Honda continued down Sherron Road. The deputies turned around, and as they pulled alongside the minivan, its driver signaled to them to get their attention. The minivan driver appeared distraught and told the deputies they needed to check on the driver of the silver Honda because he had been driving erratically, running stop signs and stop lights. The deputies continued along Sherron Road and found the Honda stopped at a stop light. They activated their blue lights and conducted an investigatory stop of the Honda, which defendant was found to be driving.

After the trial court denied defendant’s motion to suppress, one of the deputies repeated his voir dire testimony in the presence of the jury and then continued recounting the facts. He stated that when he approached the Honda after it pulled over to the side of the road, he detected a strong odor of alcohol and noticed defendant’s motor skills appeared to be impaired. When asked if he had been drinking, defendant admitted that he had. The deputies ordered defendant out of the vehicle in order to perform sobriety tests, but defendant refused. When the deputies tried to remove defendant from the vehicle by force, he “said that he was not going back to the penitentiary, and he put the vehicle into gear and sped off.” The deputies got back in their patrol car and pursued defendant, and despite traveling at approximately sixty-five to seventy miles per hour (in a forty-five-mile-per-hour zone), they were unable to gain on the Honda. They soon rounded a curve and saw the Honda “flipping continuously,” as well as a red pickup truck flipping at the same time. The deputies found the driver of the truck thrown from her vehicle, resulting in fatal injuries. An SBI agent testified that defendant’s blood, drawn approximately six hours after the wreck occurred, showed an alcohol [618] concentration of 0.14, well in excess of the legal limit. See N.C.G.S. § 20-138.1(a)(2) (2005).

The jury convicted defendant of second-degree murder; misdemeanor larceny and misdemeanor possession of stolen goods; assault with a deadly weapon inflicting serious injury; two counts of assault with a deadly weapon; driving while impaired; driving while license revoked; careless and reckless driving; and felony eluding arrest. The jury also found the presence of an aggravating factor and that defendant had attained habitual felon status. A majority of the Court of Appeals reversed, holding the officers did not have reasonable suspicion to stop defendant; the trial court committed plain error in its jury instructions; and it was plain error to admit evidence of prior convictions against defendant that were more than sixteen years old. State v. Maready,-N.C. App.-, 654 S.E.2d 769 (2008). The State now appeals based on the dissent.

II. REASONABLE SUSPICION

We first address defendant’s contention that the initial traffic stop was unconstitutional because it was not founded on reasonable suspicion of criminal activity. This Court has recently confirmed that “reasonable suspicion is the necessary standard for traffic stops.” State v. Styles, 362 N.C. 412, 415, 665 S.E.2d 438, 440 (2008) (citations omitted).

Reasonable suspicion is a “less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence.” Only “ ‘some minimal level of objective justification’ ” is required. 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.” Moreover, “[a] court must consider ‘the totality of the circumstances — the whole picture’ in determining whether a reasonable suspicion” exists.

State v. Barnard, 362 N.C. 244, 247, 658 S.E.2d 643, 645 (citations omitted), cert. denied, -U.S. -, 129 S. Ct. 264, -L. Ed. 2d -(2008).

The trial court concluded as a matter of law that based on the totality of the circumstances, the deputies had reasonable sus[619] picion of criminal activity and were thus justified in stopping the silver Honda. We agree, as this conclusion is fully supported by the trial court’s findings of fact. As noted by the Court of Appeals majority, finding of fact number eight is not supported by competent evidence insofar as it states the driver of the minivan told the deputies that defendant “may be drunk.” The trial court’s findings are otherwise supported by the evidence, however, and they in turn support the conclusion that the deputies had reasonable suspicion to stop defendant.

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State v. Maready, 669 S.E.2d 564, 362 N.C. 614, 2008 N.C. LEXIS 985 (N.C. 2008).

669 S.E.2d 564 (State v. Maready) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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