250 N.C. App. 455
N.C. Ct. App.2016Background
- Clayton Police received a tip from a UPS employee (confidential informant) that "suspicious" packages had been retrieved by the defendant, Rodney Edward Watson.
- The informant, a UPS employee trained to detect narcotics, had previously provided tips that led to drug convictions.
- The informant told police a black male and female in a black Chevrolet truck had picked up four packages showing a Utah return address though they were shipped from Tucson, Arizona, and provided the truck's license plate.
- Police located and stopped Watson shortly after he left the UPS store; a canine sniff and subsequent search of the packages produced illegal drugs.
- Watson moved to suppress the evidence arguing the traffic stop lacked reasonable suspicion; the trial court denied the motion, Watson was convicted, pleaded guilty to habitual felon status, and appealed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Watson) | Held |
|---|---|---|---|
| Whether police had reasonable and articulable suspicion to stop Watson based on the informant's tip | The informant was reliable (past accurate tips), provided identifying details (vehicle, plate), and reported suspicious packages (mismatched return address), supporting reasonable suspicion | The tip described only an innocent factor (a return address mismatch) and did not supply sufficient indicia of illegality to justify the stop | Reverse: trial court’s findings insufficient — a mismatched return address alone (even from a previously reliable informant) did not establish reasonable suspicion; suppression warranted |
Key Cases Cited
- State v. Cooke, 306 N.C. 132 (state standard for appellate review of suppression findings)
- State v. Hughes, 353 N.C. 200 (reasonable suspicion required for investigatory stops; review of legal conclusions de novo)
- State v. McKinney, 361 N.C. 53 (evidence obtained in violation of Fourth Amendment inadmissible)
- Florida v. J.L., 529 U.S. 266 (accurate physical description of a person does not by itself show knowledge of concealed criminal activity)
- United States v. Sokolow, 490 U.S. 1 (innocent factors may cumulatively produce reasonable suspicion)
- United States v. Alexander, 540 F.3d 494 (list of factors courts consider when assessing whether a package is part of a drug-mailing profile)
- State v. Cooper, 163 Vt. 44 (consideration of city-of-origin as a drug-source factor)
- United States v. Lux, 905 F.2d 1379 (package characteristics contributing to reasonable suspicion)