State v. Braxton

In State v. Braxton, 90 N.C. App. 204, 368 S.E.2d 56 (1988), Detective R. F. Wade of the New Hanover County Sheriff's Department ("Detective Wade") stopped defendant's vehicle for driving approximately 58-60 miles per hour in a 45 mile-per-hour zone. Id. at 205, 368 S.E.2d at 57. Detective Wade initially intended only to warn defendant about his excessive speed, but as Detective Wade activated his blue lights to stop defendant's vehicle, he "observed that defendant appeared to be stuffing something under the seat." Id. at 206, 368 S.E.2d at 57. After Detective Wade stopped defendant's vehicle, the defendant stepped out of his vehicle, and Detective Wade then "patted down" the defendant. Id. Since defendant was unresponsive to Detective Wade's questions concerning what had been stuffed under the seat of the vehicle, Detective Wade "reached under the front seat of defendant's [vehicle] where he discovered a plastic bag . . . that was subsequently determined to be marijuana." Id. Detective Wade then arrested defendant. Id. At trial, the court denied defendant's motion to suppress the evidence seized as a result of a search of his vehicle. Id. at 205, 368 S.E.2d at 57. On appeal, this Court granted defendant a new trial. Id. at 209, 368 S.E.2d at 59. This Court determined that Detective Wade had the authority to stop defendant's vehicle for speeding, an infraction, however, Detective Wade had no probable cause to arrest the defendant or search defendant's vehicle. Id. at 208, 368 S.E.2d at 59. As Detective Wade had no probable cause to search defendant's vehicle, the arrest and subsequent search of defendant's vehicle was unlawful. Id. at 209, 368 S.E.2d at 59.