NC: Officer’s reasonable but mistaken belief that def’s picture was in a database of wanted persons made the arrest valid

The officer’s reasonable but mistaken belief that defendant’s picture was in a database of wanted persons made the arrest valid. “Additionally, the seizure of a person based on a reasonable mistake as to that person’s identity is constitutional. State v. Lynch, 94 N.C. App. 330, 333, 380 S.E.2d 397, 399 (1989) (‘[A]n arrest based upon a reasonable mistake as to the arrested individual’s identity is valid.’ (citing Hill v. California, 401 U.S. 797, 91 S. Ct. 1106, 28 L. Ed. 2d 484 (1971))).” “We find that the officer’s belief that defendant matched a photograph based on direct comparison was reasonable. Since the man whose photograph appeared in CJLEADS did not have a valid driver’s license, the officer had reasonable suspicion that defendant was driving without a valid driver’s license. Further, we find that pulling alongside defendant’s vehicle to get a second look at him, rather than relying on a single observation, was a reasonable step in an attempt to confirm defendant’s identity.” State v. Moore, 2018 N.C. App. LEXIS 10 (Jan. 2, 2018).