State v. Sutton
232 N.C. App. 667
N.C. Ct. App.2014Background
- Defendant Sutton was indicted for two counts of felony carrying a concealed weapon in October 2012.
- Officer B. Wells, of the Kinston Department of Public Safety, observed Sutton in a high-crime public housing area on March 27, 2012.
- Wells stopped Sutton without lights/siren after Sutton allegedly grabbed his waistband and appeared to conceal something.
- Wells frisked Sutton and found a Ruger P89 handgun; Sutton was not armed at the time of stop.
- Trial court denied Sutton’s motion to suppress the evidence as based on reasonable suspicion; Sutton pleaded guilty and received a suspended sentence with probation.
- Sutton filed a petition for writ of certiorari challenging the suppression ruling; the court granted certiorari to review the interlocutory order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to justify the stop and frisk? | Sutton argues no reasonable suspicion existed. | Sutton contends insufficient articulable facts to justify stop/Frisk. | Yes; court held there was reasonable suspicion to stop and frisk. |
| Is the appeal properly reviewable on certiorari given the missed direct appeal from judgment? | State concedes jurisdiction via Rule 21(a) certiorari. | Sutton lacked timely direct appeal from judgment. | Court exercised jurisdiction via certiorari to review the suppression order. |
Key Cases Cited
- State v. Rinck, 303 N.C. 551 (1981) (establishes totality-of-the-circumstances test for reasonable suspicion)
- Fleming v. State, 106 N.C. App. 166 (1992) (high-crime-area stop requires more than generic suspicion; overt actions matter)