We hold that in the totality of the circumstances before us, the stop of defendant's vehicle was reasonable despite the investigator's good faith mistake as to the identity of the driver. Defendant argues next that the trial court's conclusion that the search of defendant's person and seizure of evidence was valid was not supported by the trial court's findings of fact. Defendant admits that he gave consent to search his person but, citing State v. Stone, N. Our Courts have addressed the issue of whether an officer's search of a person attempting to swallow drugs was reasonable.
In In re I. Officers approached the group and engaged them in conversation. When one officer approached the juvenile respondent I. The officer then requested that the juvenile spit out what was in his mouth and he spit out one crack-cocaine rock wrapped in cellophane.
4840.ru/components/handy/qynu-iphone-6-plus.php On appeal, the juvenile argued that the trial court erred in denying his motion to suppress. Pittman, N.
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In State v. Watson, N. One of the officers knew defendant and when the officers tried to approach the defendant, he tried to enter the store but one of the officers grabbed him. The defendant began acting very nervous and tried to drink a soft-drink, as if he were trying to swallow something. The defendant spit out three bags of crack cocaine to the ground and the officer recovered these items. Other officers testified that the defendant was a known drug dealer.
This Court, in considering the totality of the circumstances, held that there was a reasonable suspicion to justify detaining the defendant for an investigatory stop because of the defendant's evasive maneuvers to avoid detection, by putting the drugs in his mouth and attempting to go in the store; his location in a high drug transaction area; and one of the officers had previously arrested the defendant on two separate occasions. In addressing the search of the defendant's person, the Court, citing State v.
Smith, N. The Court went on to conclude that probable cause existed to arrest the defendant and affirmed that trial court's denial of the defendant's motion to suppress. As in I. Schiffer, N. Wilson, N. Here, the totality of the circumstances, including the factors in which we found reasonable suspicion to conduct the investigatory stop, combined with the trial court's additional findings regarding the events that occurred after investigators stopped defendant, establish that Investigator Brown had probable cause to believe that defendant was in possession of illegal narcotics and was attempting to destroy those drugs.
Defendant contends that State v. In Stone, the Court held that the defendant's general consent to search his person did not authorize police to conduct a very intrusive search of the defendant's person. The defendant in Stone was stopped by police on the side of a public roadway for a traffic violation. The police officer asked the defendant for consent to search his person and defendant consented.
While searching the defendant's person, the police officer checked the rear of the defendant's sweat pants, then pulled the defendant's sweat pants away from his body, and shined his flashlight on the defendant's groin area. The bottle was confiscated and the defendant arrested. On appeal to our Supreme Court, the State contended that the search did not exceed the scope of the defendant's consent. Jimeno, U. Citing Georgia v. Randolph, U. We hold that Stone is inapplicable to the facts before us. Here, there was no attempt to conduct such a intrusive search on defendant's person.
The findings show that defendant was concealing drugs in his mouth and officers made no request or attempt to search defendant's mouth as defendant contends. Accordingly, defendant's argument is overruled. As reasonable suspicion existed for Investigator Brown to stop defendant and probable cause and exigent circumstances existed to justify the search of defendant's person, including his mouth, we affirm the trial court's denial of defendant's motion to suppress.
Judge Walker did not argue in his dissent that the majority cited inapplicable law but dissented from the majority's application of that law to the facts of that case. By submitting this form, you agree to FindLaw. We respect your privacy. Thank you for subscribing! Explore Resources For Practice Management.
Legal Technology. Corporate Counsel. STATE v. Reset A A Font size: Print. Court of Appeals of North Carolina. Johnston, for the State. Michael J. Reece, for defendant-appellant. Background On or about 23 September , defendant was indicted for possession with the intent to sell or deliver cocaine; maintaining a vehicle for keeping, selling, or delivering cocaine; and attaining the status of habitual felon.
Reasonable suspicion to stop defendant's vehicle Defendant first contends that the trial court's conclusion that officers had a reasonable and articulable suspicion for stopping the vehicle in which defendant was a passenger was not supported by the trial court's findings of fact. In its written motion, the trial court made the following uncontested findings of fact: 1. Reasonable suspicion to search defendant's person Defendant argues next that the trial court's conclusion that the search of defendant's person and seizure of evidence was valid was not supported by the trial court's findings of fact.
Conclusion As reasonable suspicion existed for Investigator Brown to stop defendant and probable cause and exigent circumstances existed to justify the search of defendant's person, including his mouth, we affirm the trial court's denial of defendant's motion to suppress. I, along with my deputies, will strive to make Martin County a community where citizens would want to live and raise their families. Frequently Asked Questions. For your convenience or for those who may not have online access, we also have a computer kiosk in the Sheriff's Office lobby that can be accessed during our regular business hours.
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Again, you must appear before the Judge. The local phone number is Caneyville to pursue code enforcement. The goal of the Greenville County Sheriff's Office is to provide quality public safety services to our community by promoting a safe environment through police and citizen interaction, with emphasis on Integrity, Fairness, and Professionalism.
The information on this web site is provided to assist users in obtaining information about county jail arrests. Sheriff Mike Harrison For any comments or questions regarding the jail contact Chris Hatch at gcso color-country.
Information available through ArrestFacts. The GCSO Citizen's Academy class in offered attendees insight into the tools and techniques used in law enforcement. According to reports, Deputies approached several subjects who were outside the residence to begin their investigation into the stolen vehicle on the property. Below you can find more information about the charges of Geoffrey Peter Quinn if available. You can also submit a tip online at. The complaint… If you have reason to believe any information contained here is inaccurate, please contact the facility. Our online arrest log enables you to view the mug shots and charges of individuals arrested by the Garrett County Sheriff's Office.
GCSO will make copy Sealed original certified copy of your college transcript. Search arrest records and find latests mugshots and bookings for Misdemeanors and Felonies. Originally collected and distributed by Law Enforcement agencies, booking records are considered and legally recognized as public records, in the public domain.
Fink To connect with Springfield Mugshot Press, join Facebook today. Officers have arrested 33 The GCSO attempted to serve approximately court papers, and of the attempts, were served.
These persons have felony warrants out for their arrest. This warrant list was updated on October 28, hours. Deputies wrote 64 citations, opened 18 criminal cases and made 56 criminal arrests. Fink had an active warrant for his arrest for Violation of Probation and was already in custody. Whether youre worried that the neighborhood you are moving your family into houses a serpents den of sex offenders or hardened criminals, or even if youre just worried that their piano… Our online arrest log enables you to view the mug shots and charges of individuals arrested by the Garrett County Sheriff's Office.
McHenrys indicted on sex abuse charges. We hope that you will be able to use this site to become better informed about the Office and the services we provide. Body found in Nolin Lake.
Sheriff Robert D. The arrest was made by GCSO. Randy Lee Gendron, 28, was arrested for possession of a meth in a drug free Our mission is to improve the quality of life in Genesee County by working together with all the citizens to preserve life, maintain human rights, protect property, and promote public safety.
Create an Account - Increase your productivity, customize your experience, and engage in information you care about. McClelland discussed two cases involving heroin in the county, which has been a growing epidemic, with media members shortly after a recent fundraiser. If youve ever spent time trying to hire a new employee or even trying to find someone to babysit your children, then you have probably also become aware of the importance of scouting out their criminal background. The getaway driver tried to evade a running road block and crashed after hitting the interior wall.
Clay Boone quickly pulled that vehicle over, with the female driver arrested on an outstanding warrant and for driving on a suspended license. Sheriff Jeffrey D. Allen, Duston Robert James.