219 N.C. App. 139
N.C. Ct. App.2012Background
- Defendant Lopez was indicted for trafficking cocaine by possession of 400+ grams and trafficking by transportation of 400+ grams.
- Officer O'Hal, a Greensboro Police K-9 handler, stopped Lopez for speeding after pacing the vehicle at ~70 mph in a 60 mph zone.
- During the stop, the officer observed Lopez’s nervousness, an unlicensed driver, and a bag in the back seat with dryer sheets and plastic wrap, suggesting drug packaging.
- Lopez consented to a vehicle search; the officer opened the hood and found a large quantity of cocaine in the air intake area.
- Lopez contends the stop and search violated the Fourth Amendment and moves to suppress; the trial court denied suppression, and Lopez was convicted by a jury.
- Lopez also moved to dismiss the trafficking charges, which the trial court denied; on appeal, the State prevailed on both suppression and dismissal challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to extend the stop. | Lopez (State) argues O'Hal had reasonable suspicion from observed facts. | Lopez argues information from informants and later observations insufficient; consent was involuntary. | Reasonable suspicion existed; suppression denied. |
| Whether Lopez's consent to search extended to the hood of the car. | State contends consent to search the vehicle encompassed under-hood search. | Lopez argues scope of consent limited to the vehicle interior. | Consent extended to under-hood search. |
| Whether the evidence was sufficient to support trafficking by possession and by transportation. | State shows Lopez drove the car containing cocaine; knowledge inferred from control of vehicle. | Insufficient showing of knowing possession/transportation. | Sufficient evidence; denial of motion to dismiss affirmed. |
Key Cases Cited
- State v. Jacobs, 162 N.C.App. 251, 590 S.E.2d 437 (2004) (reasonable suspicion during traffic stop; specific articulable facts)
- State v. Aubin, 100 N.C.App. 628, 397 S.E.2d 653 (1990) (scope of consent to search; permissible to search car parts)
- State v. Belk, 268 N.C. 320, 150 S.E.2d 481 (1966) (consent to search of car can extend to parts of car if not objected to)
- Florida v. Jimeno, 500 U.S. 248, 111 S. Ct. 1801, 114 L. Ed. 2d 180 (1991) (scope of consent; search of vehicle includes connected areas reasonable under consent)
- State v. Campbell, 359 N.C. 644, 617 S.E.2d 1 (2005) (defendant lacked license; articulable facts support reasonable suspicion)