State v. Hernandez
227 N.C. App. 601
N.C. Ct. App.2013Background
- An anonymous call predicted a marijuana deal at a Woodfin mobile home at 7:04 p.m. on March 19, 2011, naming a delivery from Hendersonville by an Hispanic male to be taken to Tennessee in a maroon Honda registered to Davis.
- Officers observed a maroon vehicle and a person inside the mobile home consistent with some caller details but differed on color, make, and occupants upon later inspection.
- Around 11:00 p.m. officers surveilled from a church parking lot and followed a maroon Nissan Maxima later suspected to be Davis’s, based on registration and driver’s license status.
- The stop occurred when the officer learned Davis’s license was suspended; the vehicle’s interior was illuminated, revealing both a male and a female occupant with the driver allegedly unaware of Davis’s license status.
- Davis allegedly identified twenty pounds of marijuana in the car; officers later searched the car and found marijuana and cocaine, and a residence search yielded minor drugs paraphernalia.
- suppression motions were filed; the trial court denied them, ruling the stop was proper based on the owner’s suspended license and totality of circumstances; the defendants appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression ruling was properly preserved for appeal | Davis preserved via appeal from judgment | Preservation failed because argument not raised below | Not preserved; appeal limited |
| Whether the stop was impermissibly extended after discovering driver identity discrepancy | Extension challenged on appeal; Hess supports stop | Impermissible extension invalidates stop | Issue not preserved; rejected on merits |
| Whether Davis’s ineffective assistance claim is ripe for direct appeal | Claims should be reviewed now | Premature on direct appeal | Not ripe; dismissed without prejudice to later relief |
| Whether Hess governs the legality of the initial stop based on license status | Stop justified by license status and registered owner driving | Disputed stopping basis and pretext | Hess controls; stop proper |
Key Cases Cited
- State v. Hess, 185 N.C. App. 530 (2007) (reasonableness of stop when owner has suspended license; correlates with probable suspicion)
- State v. Miller, 205 N.C. App. 724 (2010) (notice of appeal from conviction required for appellate jurisdiction)
- State v. Thompson, 359 N.C. 77 (2004) (ineffective assistance claims premature on direct appeal; may be raised in later relief)
- State v. Fair, 354 N.C. 131 (2001) (ineffective assistance claims development required; standards for review on direct appeal)
- State v. Gillis, 158 N.C. App. 48 (2003) (limits on appellate review where record is insufficient for factual determinations)