NC: Def’s consensual return to scene of search warrant didn’t violate Bailey

Officers investigating a sex offense had plenty of reasonable cause for a search warrant. Officers were watching the house and stopped defendant after he left and they got him to return to the place of the search in his own car with a detective riding with him. He wasn’t arrested or searched based on that, and the stop didn’t violate Bailey or the Fourth Amendment. State v. Pole, 2018 N.C. App. LEXIS 1005 (Oct. 2, 2018) (unpublished):

Bailey is clearly distinguishable from the present case. In Bailey, there was no search warrant issued for the persons searched and seized. Here, by contrast, a valid search warrant had been issued to search Defendant’s person. As already determined, the search warrant was issued based upon probable cause. We can easily conclude that the traffic stop was not a violation of the Fourth Amendment because the stop was initiated to effectuate service of the search warrant. Moreover, in Bailey the men were ordered to exit their vehicle, patted down, handcuffed, and arrested. In the present case, Defendant was merely asked if he wanted to return to his residence because of the search warrant, and then voluntarily rode back to his residence with the detective in the front passenger seat of her vehicle. He was also not subjected to any search during the stop or the drive back to his residence. Accordingly, the traffic stop did not violate the Fourth Amendment of the United States Constitution or Article I, §§ 19 and 23 of the North Carolina Constitution.

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