State v. Sinclair

In State v. Sinclair, 191 N.C. App. 485, 663 S.E.2d 866 (N.C. Ct. App. 2008), an officer and another plain-clothed law enforcement agent approached defendant, who was observed sitting in a chair "among six to ten other people" outside a bowling alley, which was "a local hangout" and a "known drug activity area." See Sinclair, 191 N.C. App. 485, 663 S.E.2d 866, 869 (N.C. Ct. App. 2008). After the officer said to the defendant, "'Let me talk to you,' . . . defendant stood up out of his chair, took two steps toward the officer, and said, 'Oh, you want to search me again, huh?' Defendant did not sound irritated or agitated, 'just normal.'" Id. The officer replied, "Yes, sir," and continued walking toward the defendant. See 663 S.E.2d at 869. Then, defendant "stopped ten or twelve feet from the officer, 'quickly shoved both of his hands in his front pockets and then removed them,' . . . made his hands into fists and took a defensive stance." See 663 S.E.2d at 869. As the officer got closer to the defendant, the defendant said, "Nope. Got to go," and "'took off running' across an adjacent vacant lot," where officers gave chase and soon after took the defendant into custody. See id. The Court determined that these facts did not give the officer "a reasonable, articulable suspicion that the defendant was involved in criminal activity," and that "even if the officer was attempting an investigatory stop, such a stop was unlawful." 663 S.E.2d at 871. The Court instead concluded that the encounter between the defendant and the officer was consensual and so determined that the defendant's flight from that encounter could not "be used as evidence that the defendant was resisting, delaying, or obstructing the officer in the performance of his duties." See 663 S.E.2d at 871.