In the Matter of V.C.R., 227 N.C. App. 80 (2013)
Held:
Reversed
Although an officer had reasonable suspicion to stop a juvenile, the officer’s subsequent conduct of ordering the juvenile to empty her pockets constituted a search and this search was illegal because it was without probable cause, was not incident to an arrest, nor was it consensual. The court rejected the trial court’s finding that the search was consensual, because the juvenile’s production of the contraband was in response to the officer’s command and not a voluntary action. The district court thus erred by denying the juvenile’s motion to suppress.
Category:
Motions to SuppressStage:
Search and SeizureTopic:
Searches