State v. Hernandez
208 N.C. App. 591
N.C. Ct. App.2010Background
- Dec 28, 2006: store robbery in Reidsville, jewelry stolen, husband disabled by gunshot; Hernandez identified as a perpetrator by victim.
- Jan 3, 2007: New Jersey stop of a Ford pickup with four Hispanic men; driver Reyes Ocampo, Hernandez a front-seat passenger; no licenses or IDs held by occupants; gun found in truck bed during search after consent.
- Following seizure, occupants were arrested for unlawful possession of firearms; Hernandez later implicated in the Dec 28 robbery.
- Jan 10, 2007: Hernandez interviewed in New Jersey; English questions translated into Spanish; Hernandez made an incriminating statement admitting participation in the Dec 28 robbery.
- May–July 2009: suppression motions filed asserting unlawful arrest/detention and invalid search, including a New Jersey Elders-claim; trial court denied suppression; trials and verdicts followed.
- May 13, 2009: jurors found Hernandez guilty of attempted first degree murder, assault with a deadly weapon with intent to kill inflicting serious injury, and robbery with a dangerous weapon; sentencing followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge the stop and search | State: Hernandez, as a passenger, has standing to challenge detention. | Hernandez: argues lack of standing to contest the stop/search’s legality. | Hernandez has standing to challenge the detention. |
| Lawfulness of extension of the detention beyond initial stop | State: detention supported by reasonable suspicion developed during investigation. | Hernandez: contends prolonged detention without articulable suspicion. | Detention justified by reasonable suspicion; extended detention permissible. |
| Effect of Elders-based NJ law claim on suppression | State: Elders violation does not affect North Carolina or federal suppression law. | Hernandez: argues suppression should follow Elders-based illegality. | Elders-based claim not controlling; suppression denied on federal/NC law grounds. |
| Way the trial court addressed factual findings and weight | State: trial court’s findings are supported by competent evidence and binding. | Hernandez: challenges weight/credibility findings and their impact on suppression. | Findings supported; credibility/weight determinations uphold denial of suppression. |
Key Cases Cited
- State v. Barnard, 362 N.C. 244 (2008) (passenger may challenge stop’s constitutionality)
- State v. Hudgins, 195 N.C.App. 430 (2009) (review of suppression order; binding findings)
- State v. Milien, 144 N.C.App. 335 (2001) (standard for reviewing suppression orders; binding findings)
- State v. Myles, 188 N.C.App. 42 (2008) (limits on extending traffic stops; need for reasonable suspicion)
- State v. Falana, 129 N.C.App. 813 (1998) (extended detention requires reasonable articulable suspicion)
- Florida v. Royer, 460 U.S. 491 (1983) (limitations on investigative detention; least intrusive means)
- State v. Sanders, 112 N.C.App. 477 (1993) (driving without identification and suspicious activity)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (definition of reasonable suspicion; totality of circumstances)