State v. SmithÂ
2017 N.C. App. LEXIS 665
| N.C. Ct. App. | 2017Background
- Officers executed misdemeanor arrest warrants at defendant's small apartment late at night; defendant opened door and was arrested in the living room.
- Officer Joyce conducted a brief (<2 minutes) protective sweep of the apartment’s connected rooms via a short central hallway.
- During the sweep Joyce observed a shotgun leaning in defendant’s bedroom, visible from the hallway.
- Joyce moved the gun to the living room, manipulated it (flashed light, turned it over) to read the serial number, called dispatch, and learned it was stolen; officers then seized it.
- Defendant moved to suppress the shotgun as obtained by unlawful search and seizure; trial court denied the motion; defendant pled guilty to possession by a felon (other charge dismissed); appellate court granted certiorari.
Issues
| Issue | State's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of the protective sweep | Sweep of spaces immediately adjoining arrest is permitted without reasonable suspicion under Buie | Bedroom was not "immediately adjoining" the place of arrest; sweep unlawful | Sweep was lawful: apartment small and interconnected so all rooms were immediately adjoining the arrest location (Buie prong 1) |
| Lawfulness of seizure under plain view | Shotgun was in plain view and officers had authority to seize | Incriminating character of the gun was not "immediately apparent"; officer conducted an additional search (manipulation) to reveal serial number, so seizure invalid | Seizure invalid: officer lacked probable cause before manipulating the gun; moving/turning to read serial number was a separate search (Hicks); plain-view requirement not met |
Key Cases Cited
- Maryland v. Buie, 494 U.S. 325 (authorizes limited protective sweeps incident to arrest)
- Arizona v. Hicks, 480 U.S. 321 (manipulation to reveal identifying features is a separate search)
- Horton v. California, 496 U.S. 128 (plain-view seizure requires probable cause that item is evidence/contraband)
- Minnesota v. Dickerson, 508 U.S. 366 (plain-view requires incriminating nature to be immediately apparent)
- Brinegar v. United States, 338 U.S. 160 (probable cause defined by facts and reasonable inferences)
- Devenpeck v. Alford, 543 U.S. 146 (probable cause assessed from objective facts known to officer)