Opinion

State v. Rose

  • 170 N.C. App. 284
  • 612 S.E.2d 336
  • 2005 N.C. App. LEXIS 1015
Court
Court of Appeals of North Carolina
Filed
May 17, 2005
Status
Published
Author
Timmons-Goodson
On the bench
Geer, Tyson, Timmons-Goodson
Cited by
31 cases
Authority
More cited than 5.8%

holding that license and registration checking stations advance an “important purpose

How later courts described this case

  • holding that license and registration checking stations advance an “important purpose
  • holding once the trial court denied the defendant's motion to suppress, he was not required to object again to preserve argument for appeal
  • “even if a checkpoint is for one of the permissible purposes, ‘[t]hat does not mean the stop is automatically, or even presumptively, constitutional. It simply means that we must judge its reasonableness, hence, its constitutionality, on the basis of the individual circumstances’ ”
  • “Since the trial in this case occurred two months following the effective date of the amendment [of Rule 103], once the trial court denied defendant’s motion to suppress, he was not required to object again at trial in order to preserve his argument for appeal.”

Written by the judges who cited it.

The opinion

TIMMONS-GOODSON, Judge,

concurring in the result.

“The scope of review on appeal of the denial of a defendant’s motion to suppress is strictly limited to determining whether the trial court’s findings of fact are supported by competent evidence, in which case they are binding on appeal, and in turn, whether those findings support the trial court’s conclusions of law.” State v. Corpening, 109 N.C. App. 586, 587-88 , 427 S.E.2d 892, 893 (1993). In the instant case, because I believe the trial court’s findings of fact are insufficient to support its ultimate conclusions of law, I agree with the holding reached by the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.