State v. Veál
234 N.C. App. 570
N.C. Ct. App.2014Background
- Officer Cloer was dispatched to a Citistop gas station for a report of a very intoxicated male in a green Chevy truck; a store employee (later identified as Aaron Wakenhut) reported stumbling, slurred speech, slow responses, and a spill.
- Cloer arrived, parked, approached the truck on foot, and spoke with defendant; Cloer smelled alcohol, saw an unopened beer can, and observed slurred speech and instability.
- After observing those indicia, Cloer administered field sobriety tests (HGN and Walk-and-Turn); poor performance and loss of balance led to arrest for DWI.
- Defendant refused breath testing; Cloer obtained a magistrate’s warrant and a blood draw was taken at a hospital.
- Defendant moved to suppress evidence from the initial stop arguing the approach/stop lacked reasonable, articulable suspicion; the trial court denied suppression. Defendant pleaded guilty reserving the suppression issue and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cloer’s initial approach to the truck was a "seizure" requiring reasonable suspicion | Prosecutor: Cloer’s approach was a voluntary encounter; no seizure occurred so initial observations were admissible | Veal: The encounter was an investigatory stop based on an anonymous tip and therefore required reasonable suspicion which was lacking | Court: Approach was a consensual encounter (no show of authority); reasonable suspicion not required for the initial approach |
| Whether anonymous tip justified the stop | Prosecutor: Tip was from an identified store employee and thus sufficiently reliable or corroborated by Cloer’s observations | Veal: The tip was effectively anonymous and insufficient to justify a stop absent independent corroboration | Court: Tip identified the caller as a store employee (later identified), and Cloer’s personal observations corroborated the tip, supporting reasonable suspicion for detaining defendant |
| Whether Cloer had reasonable suspicion to detain and arrest after the approach | Prosecutor: Odor of alcohol, unopened beer, slurred speech, unsteady gait, and poor sobriety-test performance gave reasonable suspicion and probable cause for arrest | Veal: Observations were insufficient to support reasonable suspicion/probable cause | Court: Cloer’s observations during the consensual encounter (odor, beer, slurred speech, stumbling) gave reasonable suspicion to detain and investigate and supported arrest after sobriety testing |
Key Cases Cited
- State v. Brooks, 337 N.C. 132 (officer approach to vehicle on foot is a consensual encounter; observing inside vehicle can provide probable cause)
- State v. Isenhour, 194 N.C. App. 539 (officer approach without force or show of authority is not a seizure)
- Florida v. Bostick, 501 U.S. 428 (an officer’s approach and questions do not automatically constitute a seizure)
- State v. Hughes, 353 N.C. 200 (anonymous tips may supply reasonable suspicion if they have indicia of reliability)
- United States v. Quarles, 330 F.3d 650 (caller identity and ongoing corroboration increase tip reliability)
- State v. Veazey, 191 N.C. App. 181 (officer observations like odor of alcohol and red/glassy eyes can justify further detention)
- State v. Blankenship, 748 S.E.2d 616 (distinguishable: truly anonymous tip and immediate activation of lights made encounter a seizure requiring reasonable suspicion)