CHECKPOINTS
State v. Parham, 2022 NCCOA 584 (N.C. App. 2022) (unpublished) Holding: Signed authorization of a checkpoint by a supervising officer previous to its initiation is irrelevant so long as the supervising officer provides adequate verbal instruction on how the checkpoint is to be performed. Follow ideas: (1) focus cross-examination on the particular directions (verbal or written) being given by the supervisory officer previous to the checkpoint commencing; (2) sequester officers when difficult a checkpoint case.
REASONABLE SNZPICION
State v. Abernathy, 2022 NCCOA 607 (N.C. App. 2022) (unpublished) Holding: Affordable suspicion exists to cease a driver travelling beneath the pace restrict within the left lane for a protracted interval inflicting different automobiles on the freeway to move in the correct lane.
State v. Barstow, 2022 NCCOA 368 (N.C. App 2022) (unpublished) Holding: An officer dispatched to research a home dispute has affordable suspicion to cease a car matching the colour, make, and mannequin of the one related to the home dispute leaving the subdivision the place the home dispute occurred.
State v. Bolick, 2022 NCCOA 875 (N.C. App 2022) (unpublished) Holding: Affordable suspicion to cease exists based mostly on an nameless tip the place the 911 caller has face-to-face interplay with the Defendant, smells an odor of alcohol, was tailgated by Defendant, gave the make, mannequin, and license plate of Defendant’s car, and informed the dispatcher which path the car was travelling. Follow tip: The Court goes by way of a prolonged evaluation of visitors stops based mostly on an nameless tip. You probably have an nameless tip case be ready to differentiate Bolick out of your case.
State v. Duncan, 2023 NCCOA 5 (N.C. App. 2023) Holding: Affordable suspicions exists if an officer believes {that a} driver has a medically cancelled license.
State v. Dyer, 2022 NCCOA 880 (N.C. App. 2022) (unpublished) Holding: No affordable suspicion exists when a cease is predicated on Defendant’s failure to make use of a flip sign if no different car shall be affected by Defendant’s flip.
EXPERT TESTIMONY
State v. Lewis, 2022 NCCOA 887 (N.C. App. 2022) (unpublished) Holding: Based mostly on the plain language of N.C. Gen. Stat. § 8C-1, Rule 702(a1)(2), an officer who doesn’t maintain a present certification as a drug recognition knowledgeable (DRE) can’t testify that Defendant was beneath the affect of a number of impairing substances, or the drug class of such impairing substances. [The trial court erred in allowing such testimony, but the Court of Appeals found in this case the error was not prejudicial.] Follow tip: With the rise of ARIDE officers don’t let the state get across the inflexible necessities of Rule 702. The opinion is both lay or knowledgeable opinion and lay opinion will not be allowed on this enviornment.
RIGHT TO SILENCE
State v. Dunn, 2022 NCCOA 818 (N.C. App. 2022) (unpublished) Holding: Regardless of faulty admission of statements into proof relating to Defendant’s refusal to reply questions after being suggested of his Miranda rights, the error was innocent.
BLOOD DRAW
State v. Bobbitt, No. COA22-510 (N.C. App. 2023) (unpublished) Holding: Medical reviews or information created for remedy functions will not be testimonial in nature and as such don’t implicate the necessities of the Confrontation Clause.
State v. Cannon, No. COA22-572 (N.C. App. 2023) Information: Defendant was concerned in a head on collision with one other car killing the driving force. Investigating officers discovered beer cans and an aerosol can of “extremely Duster” in Defendant’s car. Officers seen an odor of alcohol on Defendant, slurred speech and glassy eyes. About two hours after the accident, Defendant’s blood was taken on the hospital by legislation enforcement. On the time of the blood draw, no warrant had been issued and no implied consent had been given beneath N.C.G.S. § 20-16.2.
Holding: Based mostly on the time it took to research an accident involving a fatality, the time to move the Defendant to the hospital, the shortage of police help for the investigating officers, and the additional time it could have taken to organize and submit a search warrant, exigent circumstances existed to justify a warrantless search of Defendant’s blood. Follow tip: In distinguishing Cannon, deal with the (1) the fatality investigation; (2) lack of police help; and (3) drug impairment case. Cf. State v. Romano, 369 N.C. 678 (N.C. 2017).
SUFFICIENCY OF EVIDENCE
State v. Rouse, 2022 NCCOA 496 (N.C. App. 2022)
Holding: Adequate circumstantial proof of driving was introduced on this case by the State to keep away from a Movement to Dismiss. SENTENCING State v. Adams, 2022 NCCOA 845 (N.C. App. 2022) Holding: N.C.G.S. § 20-179(r) doesn’t authorize a choose to mandate a switch from supervised to unsupervised probation on the passage of a sure period of time. State v. King, No. COA22-469 (N.C. App. 2023) Holding: N.C.G.S. § 20-179(a2)(2) requires a jury to resolve whether or not aggravating components exist.
