State v. Salinas
214 N.C. App. 408
| N.C. Ct. App. | 2011Background
- Anonymous 911 tip alleging erratic driving by a small white Nissan in Reidsville led officers to Food Lion lot on 13 March 2009.
- Officers Velasquez (trainee) and Hampshire observed the vehicle; the driver allegedly drove onto a curb and crossed center line.
- Based on driving and a strong odor of burnt marijuana, the officers stopped the vehicle; a search yielded drug paraphernalia and defendant was arrested.
- Defendant filed a motion to suppress arguing improper stop; the trial court granted suppression, finding lack of reasonable suspicion and incorrect standard applied.
- State appealed, contending the correct reasonable-suspicion standard should have governed and that credibility findings supported a legal stop.
- Remand was ordered by the appellate court to reevaluate under the correct standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion under the correct standard. | Salinas argues credibility findings show corroboration of tip; stop justified. | Salinas contends no credible objective basis for stop under reasonable suspicion. | Remanded for reevaluation under reasonable suspicion standard. |
| Whether the anonymous tip was sufficiently corroborated to justify the stop. | Salinas contends corroboration exists (vehicle description, location, license plate). | Salinas argues credibility issues negate corroboration. | Remand; lower court credibility determinations to be reconsidered. |
| Whether the trial court erred in suppressing additional evidence (blood draw, statements, etc.) due to misapplied standard. | Salinas asserts proper exceptions (probable cause/exigent circumstances) supported admissibility. | Salinas argues suppression based on erroneous application of law. | Remand for complete reconsideration of all suppression rulings under correct standard. |
Key Cases Cited
- Alabama v. White, 496 U.S. 325 (1990) (reasonable suspicion supported by corroborated anonymous tip under totality of the circumstances)
- State v. Maready, 362 N.C. 614 (2008) (established reasonable suspicion standard for traffic stops; totality of circumstances)
- State v. Styles, 362 N.C.412 (2008) (reasonable suspicion applied when trial court reviews for probable cause)
- State v. Cooke, 306 N.C.132 (1982) (credibility findings binding on appeal when supported by evidence)
- Hines v. Wal-Mart, 191 N.C.App. 390 (2008) (erroneous legal ruling constitutes abuse of discretion)
- Berke v. McCarty, 468 U.S. 420 (1984) (Miranda warnings issue during traffic stops not triggered; cited in context of routing questions)