NC: Officer who had knowledge of driver’s medical disqualification from driving could make a stop

“Therefore, a law enforcement officer with either probable cause or reasonable suspicion to believe that the driver of a vehicle is driving with a medically canceled license may conduct a lawful traffic stop of that vehicle without running afoul of the Fourth Amendment.” State v. Duncan, v. Duncan, 2023-NCCOA-5, 2023 N.C. App. LEXIS 8 (Jan. 17, 2023).

Officers had consent to enter a building and inside was defendant’s van that he occasionally slept in. The court concludes it was transportation and not his home and had been driven there a day or two before. It was not immobile and was still driveable. Therefore, the automobile exception still applied. United States v. Deakins, 2023 U.S. Dist. LEXIS 235615 (E.D. Tenn. Nov. 23, 2022).*

Defendant was lawfully arrested on probable cause and a search incident occurred. His statements about the gun were admissible under the “public safety” exception before he was Mirandized. United States v. Dixon, 2022 U.S. Dist. LEXIS 235607 (D. Minn. Nov. 28, 2022).*

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