State v. Parker

644 S.E.2d 235, 183 N.C. App. 1, 2007 N.C. App. LEXIS 835
Court of Appeals of North Carolina·Decided May 1, 2007·No. COA06-679·Published·Cited by 19 cases

Opinion

STROUD, Judge.

Defendant appeals from the judgment entered following his entry of guilty pleas to six felony drug offenses and to carrying a concealed weapon. The dispositive question before this Court is whether the trial court erred by denying defendant’s motion to suppress evidence seized by a law enforcement officer during a search of defendant’s car at a traffic stop. We conclude that the law enforcement officer conducted a valid traffic stop based on probable cause to believe defendant committed a traffic infraction. We further conclude that the law enforcement officer properly seized a shotgun, pistol, drugs, and drug *3 paraphernalia during a valid “weapons frisk” of defendant’s car, which was based on a reasonable belief that defendant was dangerous and that the car contained a firearm; and that the officer properly seized drug paraphernalia after conducting a valid consent search of a passenger’s purse. Based upon the evidence seized during the “weapons frisk” and consent search, we hold that the law enforcement officer had probable cause to search defendant’s car, including the interior of a locked briefcase found therein, for additional drugs .and drug paraphernalia. Because we have determined that the officer possessed probable cause to search defendant’s briefcase, we do not reach the additional question of whether the officer conducted a valid consent search of the briefcase. For these reasons, we affirm the trial court order denying defendant’s motion to suppress evidence seized from his car and briefcase.

I. Background

On 6 June 2005, the Surry County Grand Jury indicted defendant for manufacturing cocaine, maintaining a vehicle used for keeping and selling a controlled substance, possession of cocaine with intent to sell or distribute, carrying a concealed weapon, and three counts of trafficking in methamphetamine. Surry County Sheriff’s Department Detective Matt Darisse seized evidence supporting these charges from the passenger compartment of defendant’s car and from a briefcase found therein during a traffic stop. The seized evidence included a shotgun, pistol, substances that Detective Darisse believed to be methamphetamine, and paraphernalia used for distribution of controlled substances, specifically small plastic storage bags, vials, and scales. On 10 November 2005, defendant filed a motion to suppress all evidence seized from his car. Defendant’s motion was heard at the 5 December 2005 Criminal Session of Superior Court, Surry County, with Judge A. Moses Massey presiding.

At a hearing to resolve a defendant’s motion to suppress, the State carries the burden to prove by a preponderance of the evidence that the challenged evidence is admissible. State v. Breeden, 306 N.C. 533, 538-39, 293 S.E.2d 788, 791-92 (1982); State v. Johnson, 304 N.C. 680, 686, 285 S.E.2d 792, 796 (1982).- Here, the State called Detective Darisse to testify in opposition to defendant’s motion. On direct examination Detective Darisse explained that he stopped defendant on Highway 268 after observing defendant drive approximately sixty miles per hour in a forty-five mile per hour speed zone, and observing defendant pass another vehicle at approximately eighty miles per hour in a fifty-five mile per hour speed zone. At *4 that time, Detective Darisse was conducting surveillance of defendant in response to a complaint from a “concerned citizen” that defendant was trafficking methamphetamine.

When Detective Darisse stopped defendant, defendant stepped out of the car and approached Detective Darisse’s vehicle. Defendant told Detective Darisse that he knew he was speeding and that he was trying to outrun Detective Darisse’s headlights. Detective Darisse ordered defendant to return to his car, but defendant would not do so.

Thereafter, Detective Darisse secured defendant in the backseat of defendant’s own vehicle, which was a hatchback Camaro. Two passengers, Sandra Fletcher and Travis Fletcher, were also seated in the car. While seated in the backseat, defendant told Detective Darisse that there was a gun in the car.

Detective Darisse opened the door to the front passenger seat where Sandra Fletcher was sitting and discovered a Mossberg 12-gauge shotgun located between the seat and the door. He assisted Sandra Fletcher, who had difficulty standing, out of the passenger seat and sat her down on the ground in front of defendant’s car. As Sandra Fletcher stood up to exit the car, Detective Darisse observed a piece of newspaper fall to the ground and he made a mental note of its location. Then Detective Darisse removed Travis Fletcher from the car and secured him as well.

Detective Darisse next conducted a “weapons frisk” of defendant’s car “for officer safety, to make sure there were no other weapons in the vehicle.” During the “weapons frisk,” Detective Darisse examined the newspaper and found that it was covering a drawstring bag. Inside the bag, Detective Darisse found a substance that he believed to be methamphetamine and a “smoking device.” Detective Darisse also found a pistol under the front passenger seat. Defendant told Detective Darisse “that he was looking for that pistol, and he was . . . glad [Detective Darisse] found it for him.”

Thereafter, Sandra Fletcher consented to a search of her purse, which Detective Darisse had observed in defendant’s car. Inside the purse, Detective Darisse discovered a straw containing white powder residue that he believed to be “[d]rug paraphernalia used to ingest an illegal controlled substance.”

Finally, Detective Darisse testified that he believed he would “find more drugs in the vehicle.” Detective Darisse searched the car’s interior and found a briefcase in the hatchback portion of defendant’s *5 Camaro. Defendant stated that the briefcase belonged to him and that it held his pencils and other work-related items. Detective Darisse testified that defendant volunteered consent to search the briefcase saying, “Go ahead and search it.” Defendant then gave Detective Darisse a combination to open the briefcase.

When the combination did not unlock the briefcase, Detective Darisse’s partner, Detective Sardler, took the briefcase into the Sheriffs vehicle and pried it open with a screwdriver. Inside, the detectives discovered a plastic cylinder containing a bag of a substance Detective Darisse believed to be methamphetamine. The briefcase also contained several additional small plastic storage bags and vials of the substance, as well as a set of scales.

On cross-examination, Detective Darisse testified that he followed defendant’s car for approximately ten minutes before stopping defendant. During this time, the blue lights of Detective Darisse’s Sheriff’s vehicle were turned off. Detective Darisse also testified that he was assigned to the narcotics section of the Surry County Sheriff’s Department and that the primary reason he followed defendant was that he had received a complaint that defendant was trafficking methamphetamine.

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State v. Parker, 644 S.E.2d 235, 183 N.C. App. 1, 2007 N.C. App. LEXIS 835 (N.C. Ct. App. 2007).

644 S.E.2d 235 (State v. Parker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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