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.