Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Mangum, ___ N.C. App. ___, 795 S.E.2d 106 (Dec. 6, 2016)
In this impaired driving case, the defendant was not seized within the meaning of the fourth amendment until he submitted to the officer’s authority by stopping his vehicle. The court rejected the defendant’s argument that the seizure occurred when the officer activated his blue lights. Because the defendant continued driving after the blue lights were activated, there was no submission to the officer’s authority and no seizure until the defendant stopped his vehicle. As a result, the reasonable suspicion inquiry can consider circumstances that arose after the officer’s activation of his blue lights but before the defendant’s submission to authority.