State v. Stone

634 S.E.2d 244, 179 N.C. App. 297, 2006 N.C. App. LEXIS 1922
CourtCourt of Appeals of North Carolina
DecidedSeptember 5, 2006
DocketCOA05-1418
StatusPublished
Cited by8 cases

This text of 634 S.E.2d 244 (State v. Stone) 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. Stone, 634 S.E.2d 244, 179 N.C. App. 297, 2006 N.C. App. LEXIS 1922 (N.C. Ct. App. 2006).

Opinions

McGEE, Judge.

Timothy Stone (defendant) was convicted of possession with intent to sell or deliver cocaine and of having attained the status of habitual felon. The trial court sentenced defendant to 130 months to 165 months in prison.

[299]*299Defendant filed a motion to suppress evidence in August 2003, arguing he was entitled to “an order suppressing any and all evidence obtained during a search of the person of defendant on October 7, 2002, for the reason that such evidence was obtained as a result of the illegal search and seizure of defendant by Officer R.E. Correa of the Charlotte-Mecklenburg Police Department[]” (Officer Correa). The trial court conducted a suppression hearing on 8 December 2004 and in an order filed 16 December 2004, denied defendant’s motion to suppress.

In its order denying defendant’s motion to suppress, the trial court made the following uncontested findings of fact:

1. At approximately 3:30 a.m. on October 7, 2002, [Officer Correa] was on routine patrol in the Nations Ford area of Charlotte, North Carolina.
2. [Officer] Correa has been a CMPD officer for over six years. The Nations Ford area is part of the Steel Creek Division, where he has worked for three years. This particular area has a high incidence of drug and prostitution offenses.
3. On this date, [Officer] Correa noticed a burgundy Oldsmobile [(the vehicle)] leaving the Villager Lodge motel. . . .
4. [Officer] Correa began following the [vehicle]. The [vehicle] accelerated and turned right onto Farmhurst Drive. [Officer] Correa estimated that the [vehicle] was traveling at 50 mph, approximately 15 mph over the speed limit. [Officer] Correa, however, did not activate his blue lights or make any effort to stop the [vehicle].
5. The [vehicle] pulled into the parking lot of an apartment complex on Farmhurst Drive. [Officer] Correa pulled in directly behind the [vehicle] and shone his spot light on the vehicle.
6. [Officer] Correa saw two people in the [vehicle]. He also saw that the vehicle’s license plate was displayed on the rear window instead of the bumper. Finally, he noticed that the passenger (in this case, . . . [defendant) was moving from side to side.
7. [Officer] Correa approached the driver’s side window. The driver appeared very nervous, his hands were shaking, and he would not look at [Officer] Correa.
[300]*30010. [Officer] Correa then turned his attention to . . . [defendant, who was not wearing a seatbelt. [Officer] Correa recognized . . . [defendant, having previously received an anonymous tip that [defendant was a drug dealer. He asked [defendant for identification, but he could not produce one.
11. [Officer] Correa asked [defendant to step to the back of the vehicle. Defendant complied. [Officer] Correa asked [defendant if he had any drugs or weapons on his person. Defendant said no, which prompted [Officer] Correa to ask for consent to search. Defendant gave consent.
12. Defendant was wearing a jacket and a pair of drawstring sweat pants.
13. During the initial search, [Officer] Correa found $552.00 in cash in the lower left pocket of [defendant’s sweat pants. After advising [defendant that it was not safe to carry such a large amount of cash in that manner as it could easily fall out, [Officer] Correa again asked [defendant if he had anything on him. Once again, [defendant denied having drugs or weapons and authorized [Officer] Correa to continue the search. By this time, Officer Gerson Herrera [(Officer Herrera)] had arrived as the backup officer.
14. [Officer] Correa checked the rear of [defendant's sweat pants and then moved his hands to the front of [defendant's waistband. At that point, [Officer] Correa pulled [defendant’s sweat pants away from his body and trained his flashlight on... . [defendant’s groin area. Defendant objected, but by that time, both [Officer] Correa and [Officer] Herrera had already seen the white cap of what appeared to be a pill bottle tucked in between [defendant’s inner thigh and testicles.
15. [Officer] Correa has made several arrests in the past after finding drugs concealed in a suspect’s groin area. He immediately suspected that the pill bottle contained contraband. As a result, he and [Officer] Herrera grabbed the protesting [defendant and handcuffed him. [Officer] Correa then retrieved the pill bottle from [defendant's groin area.
16. Inside the bottle were approximately 130 rocks of crack cocaine weighing 26 grams.

[301]*301The trial court concluded that Officer Correa “ ‘seized’ the occupants of the [vehicle] when he pulled in behind them in the apartment parking lot[,]” and that Officer Correa’s traffic stop of the vehicle “was based on a ‘reasonable suspicion’ (if not probable cause) that the driver had been speeding (in violation of N.C. Gen. Stat. § 20-141(b)) and was not properly displaying the vehicle’s license tag (in violation of N.C. Gen. Stat. § 20-63(d)).” The trial court further concluded that Officer Correa “did not violate [defendant's constitutional rights by asking him to step out of the [vehicle].” The trial court also concluded that “[b]efore seeking [defendant's consent to search, [Officer] Correa asked [d]efendant whether he had any drugs or weapons on his person. Thus, [d]efendant was on notice as to what [Officer] Correa would be looking for during a search.” The trial court concluded that “although [Officer] Correa’s search was intrusive, in the absence of [d]efendant placing any particular limit on the scope of the search, the Court finds that it was reasonable.” The trial court further concluded as follows:

13. Additionally, the relevant attendant circumstances, including [Officer] Correa’s prior sighting of the [vehicle] in a high drug area, the anonymous tip that [defendant was a drug dealer, the time of night, the driver’s evasive demeanor and responses, and the large wad of cash found on [defendant's person, gave [Officer] Correa sufficient reason to suspect that [defendant might be hiding contraband and/or weapons somewhere on his person, including his groin area.
14. The search itself was limited and focused (in that the police did not remove or lower [defendant's pants), and took place in a private apartment complex parking lot during the early morning hours, with no opportunity for onlookers (other than the police) to gawk at . . . [d]efendant. On these facts, the Court finds that [Officer] Correa did not unlawfully impinge on [defendant’s privacy interests.

The evidence introduced at trial was substantially similar to the evidence introduced at the suppression hearing. Defendant appeals.

Where a defendant has “failed to assign error to any findings of fact, our review [of the denial of a motion to suppress] is limited to the question of whether the trial court’s findings of fact, which are presumed to be supported by competent evidence, support its conclusions of law and judgment.” State v. Pickard, 178 N.C. App. 330, [302]*302334, 631 S.E.2d 203, 206 (2006). We apply de novo review to a trial court’s conclusions of law. State v. Hernandez, 170 N.C. App.

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

Related

State v. Campola
812 S.E.2d 681 (Court of Appeals of North Carolina, 2018)
State v. Williams
Court of Appeals of North Carolina, 2015
State v. Satterwhite
689 S.E.2d 244 (Court of Appeals of North Carolina, 2009)
State v. Miller
678 S.E.2d 802 (Court of Appeals of North Carolina, 2009)
United States v. Lucas
322 F. App'x 326 (Fourth Circuit, 2009)
State v. Reyes
654 S.E.2d 84 (Court of Appeals of North Carolina, 2007)
White v. Tippett
652 S.E.2d 728 (Court of Appeals of North Carolina, 2007)
State v. Stone
634 S.E.2d 244 (Court of Appeals of North Carolina, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
634 S.E.2d 244, 179 N.C. App. 297, 2006 N.C. App. LEXIS 1922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stone-ncctapp-2006.