{"id":4262,"date":"2012-02-16T15:31:15","date_gmt":"2010-06-07T00:32:06","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-06-06T11:03:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4262","title":{"rendered":"NC: Pre-Gant<\/em> SI was invalid; record well developed, and the state gets no remand"},"content":{"rendered":"

The search of defendant\u2019s car based on driving on a suspended license a year before Gant<\/a> was invalid under Gant<\/a>. The state sought a remand, but the court finds the record sufficient even though the suppression hearing was well before Gant<\/a>. The state\u2019s alternative of plain view fails because the gun was found after the car door was opened. State v. Johnson<\/a>, 204 N.C. App. 260, 693 S.E.2d 711 (2010):<\/p>\n

While the suppression hearing was focused on the constitutionality of the police officer’s stop of defendant, the record exceeds that scope, and covers in detail all aspects of the encounter including: the stop, the officer’s questioning of defendant regarding his license, defendant’s arrest for driving on a suspended or revoked license, defendant’s removal to the backseat of the patrol car, and the subsequent search of defendant’s car incident to his arrest.<\/p>\n

The prosecutor’s questions at the hearing were designed to elicit all information concerning the officer’s stop and subsequent search of defendant’s vehicle. Further, Officer Dickerson’s detailed report concerning the entire incident was admitted at the hearing and is included in the record on appeal. According to the officers, defendant was arrested shortly after the stop. For instance, defendant was asked for his driver’s license; defendant admitted he did not have a license; and as a result, the officers immediately arrested defendant for driving with a revoked license. After being arrested, defendant was placed in the rear of the patrol car and Sergeant Osborne searched the car. While searching, Sergeant Osborne found a handgun after he opened the door and looked under the driver’s seat.<\/p><\/blockquote>\n

Defendant was arrested for driving on a suspended license, and a search of his person was conduct. Gant does not apply to searches of the person, only the car. State v. Whitney<\/a>, 156 Wn. App. 405, 232 P.3d 582 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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