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Motion to Suppress for Violation of 4th Amendment Rights
Jurisdiction: District Court, Wake County North Carolina, Motion Denied – Hon. Margaret P. Eagles(Argued by Michael Dye, Esq.)
Superior Court, Wake County, North Carolina, Motion Denied – Hon. Paul Gessner(Argued by Jane Weatherly, Esq.)
North Carolina Court of Appeal (Argued by Office of the Appellate Defender)
Location of Stop: Raleigh, NC
Issues: Was the BOLO issued as the result of an anonymous tip?
Was the information provided by the “tip” sufficiently reliable to constitute reasonable suspicion?
Did the allegations made in the anonymous tip amount to an accusation of criminal conduct?
Federal: 1) Florida v. J.L., 529 U.S. 266, 272, 146 L. Ed. 2d 254, 261 (2000)
State: 1) State v. McArn, 159 N.C. App. 209, 212, 582 S.E.2d 371, 374 (2003)
State v. Heien, 737 S.E.2d 351 (2012)
State v. Peele, 196 N.C. App. 668, 673, 675 S.E.2d 682, 686, disc. review denied, 363 N.C. 587, 683 S.E.2d 383 (2009)
Result: Trial court’s ruling denying Motion to Suppress is reversed, Defendant’s Motion to Suppress is granted, case remanded for trial. State dismissed case after appellate decision.
Motion to Suppress: