State v. White

Summary

The North Carolina Court of Appeals affirmed the denial of Chadiez White’s motions to suppress evidence obtained after a vehicle checkpoint and subsequent search. The court held that the checkpoint had a valid primary purpose of detecting motor-vehicle-code violations, complied with applicable statutory and constitutional requirements, and was reasonable. The court also upheld the trial court’s findings concerning the marijuana odor, White’s admissions, and probable cause for the vehicle search.

Holdings

1. The trial court's challenged findings of fact were supported by competent evidence and were binding on appeal.
2. The checkpoint was constitutional because it had a lawful primary programmatic purpose of detecting Chapter 20 motor-vehicle violations and was reasonable under the totality of the circumstances.
3. The officer had probable cause to search the vehicle based on the strong odor of burnt marijuana and his observation of a partially smoked joint that he reasonably believed was marijuana.

Questions Presented

1. Whether competent evidence supported the trial court's challenged findings of fact concerning the checkpoint, White's statements, and the SBI memorandum.
2. Whether the checkpoint served a lawful primary programmatic purpose and was reasonable under the Fourth Amendment and North Carolina law.
3. Whether the odor and sight of what the officer reasonably believed to be marijuana, despite the legalization of industrial hemp, established probable cause to search White's vehicle under the automobile exception.
4. Whether the trial court properly denied White's motions to suppress.

Disposition

affirmed