State v. Scruggs
209 N.C. App. 725
| N.C. Ct. App. | 2011Background
- UNCG police assisted with a campus traffic checkpoint at AT Greensboro; mutual aid extended jurisdiction into Greensboro for certain situations.
- Officers observed Scruggs on a moped; he made a jerky stop, showed balance issues, and possibly wore an illegal helmet.
- Officers activated blue lights and stopped Scruggs; they had probable cause for an illegal turn and reasonable suspicion of impairment.
- Scruggs admitted drinking, officers noted a moderate odor of alcohol and thick speech; three field sobriety tests were administered.
- Scruggs was arrested for driving while impaired and transported to a mobile Intoxilyzer; he refused a breath sample.
- Defendant was indicted for DWI and habitual DWI; at trial, he moved to suppress; the trial court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stop/arrest violated Chapter 15A-974 substantially | State contends no substantial violation; stop/arrest constitutional. | Scruggs argues stop/arrest violated Chapter 15A-974 as a substantial violation. | No substantial violation; evidence not suppressed. |
| Whether mutual aid authority authorized off-campus arrest | State asserts authority under mutual aid provisions to arrest off campus when warranted. | Scruggs claims authority did not render stop/arrest lawful under §15A-402 or 15A-402(f). | Arrest expressly permitted under mutual aid; no substantial violation. |
Key Cases Cited
- State v. Styles, 362 N.C. 412 (2008) (stop and arrest standards; constitutional when minimal quasi-technical violations)
- State v. Mangum, 30 N.C.App. 311 (1976) (technical violations do not automatically require suppression)
- State v. Harris, 43 N.C.App. 346 (1979) (officer can stop/arrest under limited jurisdiction; not always suppression)
- State v. Melvin, 53 N.C.App. 421 (1981) (evidence search may be admissible even if arrest unauthorized)
- In re Pittman, 149 N.C.App. 756 (2002) (standard of review for suppression rulings)
- State v. Hernandez, 170 N.C.App. 299 (2005) (de novo review for conclusions of law in suppression)