State v. Banner
207 N.C. App. 729
| N.C. Ct. App. | 2010Background
- Defendant was charged in Wilkes County with driving with a fictitious tag, driving while license revoked, and driving without insurance (pending Wilkes County charges).
- In Caldwell County, he was convicted of unrelated driving-while-REV charges and jailed, with pending Wilkes charges continued.
- An order for arrest issued for failure to appear remained outstanding when defendant was scheduled for release from custody.
- NCDOC policy prevented release due to outstanding arrest orders; clerk recalled the order but did so late; NCDOC released defendant.
- On October 1, 2007, police arrested defendant after an ESC disturbance when the warrant order had not yet been recalled; drugs found on his person.
- The Wilkes Clerk finally recalled the order on October 19, 2007, after the arrest; defendant moved to suppress the drugs obtained at the arrest; trial court denied the motion; defendant pled guilty and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arrest order was valid despite the clerk’s failure to recall promptly. | State argues order remained valid; recall was not mandatory and did not negate the order. | Banner contends the order was invalid due to clerical recall failure, making the arrest unconstitutional. | Order valid; arrest lawful; search incident valid. |
| Whether the good-faith exception to the North Carolina Constitution applies to suppress evidence. | State relies on reasonable reliance on a valid order to justify arrest. | NC Constitution may not adopt a good-faith exception; suppression may be warranted. | No need to decide good-faith exception; arrest valid, so suppression not required. |
| Whether the search incident to arrest was valid absent independent probable cause. | Arrest based on a valid order provided probable cause for the search. | Without valid order, no probable cause exists. | Search incident to a valid arrest is valid; no suppression. |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to Fourth Amendment exclusionary rule)
- Hudson v. Michigan, 547 U.S. 586 (2006) (exclusionary rule applied to unreasonable searches; relevance to warrantless searches)
- State v. Carter, 322 N.C. 709 (1988) (state constitution doctrine on good-faith exceptions)