231 N.C. App. 473
N.C. Ct. App.2013Background
- At 2:10 A.M. on April 20, 2012, Brett Hunter, a private security guard employed by Metro Special Police and Security Services, observed Weaver driving in a Carleton Place townhome complex, allegedly crossing center lines and driving ~25 mph in a 15 mph zone in rainy conditions.
- Hunter, a licensed security officer certified by the Private Protective Services Board, drove a marked Metro vehicle with flashing lights (no siren), wore a uniform, carried a firearm, and issued Weaver a civil citation for community rule violations.
- After issuing the citation Hunter asked Weaver to exit and sit on the curb and contacted city dispatch requesting an officer for a possible DUI; Hunter waited with Weaver until police arrived.
- Wilmington PD Detective Tenney later arrived, observed impairment indicators, performed field sobriety tests, and arrested Weaver for DWI.
- At a pretrial suppression hearing the trial court found Hunter acted as a state agent, concluded the stop lacked reasonable suspicion, and granted Weaver’s motion to suppress; the State appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Weaver) | Held |
|---|---|---|---|
| Whether Hunter was a state actor such that the Fourth Amendment applied | Hunter acted as a private security guard performing contractual duties, not a state actor; the stop was private action | Hunter was a state agent: uniform, badge, gun, marked vehicle, and he detained Weaver pending police, converting private conduct to state action | Court held Hunter was not a state actor; trial court erred in finding state action |
| Whether reasonable suspicion supported the stop/detention | Even if Hunter were a state actor, his observations (time, weather, speed over limit, weaving) provided reasonable suspicion to stop for suspected DWI | The stop/detention were unconstitutional because a private actor effectuated the seizure without sufficient state involvement | Court held reasonable suspicion existed in any event; suppression was improper |
Key Cases Cited
- State v. Sanders, 327 N.C. 319 (discussion of Fourth Amendment coverage and burden to show government involvement)
- State v. Cooke, 306 N.C. 132 (standard of review for suppression hearing findings)
- State v. Hughes, 353 N.C. 200 (conclusions of law fully reviewable on appeal)
- State v. Kornegay, 313 N.C. 1 (subsequent police involvement does not convert private search into governmental search)
- State v. Otto, 366 N.C. 134 (traffic stop is a seizure under the Fourth Amendment)
- State v. Verkerk, 747 S.E.2d 658 (totality-of-circumstances test for private actor as state agent)
- State v. Watkins, 337 N.C. 437 (reasonable suspicion requires specific and articulable facts)
- State v. Thompson, 154 N.C. App. 194 (weaving and speeding can supply reasonable suspicion)
- State v. Hudson, 206 N.C. App. 482 (crossing center/fog lines supports reasonable suspicion)