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Cook. He also observed the two occupants talking to each other, making eye contact with each other and appearing to be nervous. 5. Upon getting the Acura stopped, Officer Huffstickler approached the vehicle on the passenger side and shone his flashlight into the vehicle. As he did so, he observed the corner of a plastic “baggie” sticking out from the rear seat of the vehicle. 6. Officer Huffstickler then requested the Defendant to get out of the car and proceeded to conduct a pat down of the Defendant. Upon doing so, he felt a hard object in in the Defendant’s pocket, which was a set of brass knuckles. Defendant had told Officer Huffstickler upon emerging from the car that he was carrying a set of brass knuckles. 7. Officer Huffstickler then placed the Defendant under arrest for carrying a concealed weapon and proceeded to search the vehicle. He found a bag in the center console of the vehicle containing two lumps of a white substance which was analyzed and found to be cocaine. 8. David Cook testified that he was the owner of the Acura he was driving at the time of the arrest. He had picked up the Defendant at his home, under an agreement that he would drive the Defendant to deliver cocaine to another person. In exchange for driving, Mr. Cook was to receive some money and a portion of the cocaine. Upon getting in Mr. Cook’s car, the Defendant placed the cocaine in the center console, where it remained until it was found by Officer Huffstickler. 9. Both the Defendant and Mr. Cook told the officers that the cocaine was not theirs and that they did not know where it came from. 10. The Defendant had no ownership interest in the 1989 Acura vehicle in which the controlled substance was found; he was merely a passenger at the time of the arrest. Based upon the foregoing Findings of Fact, the Court concludes as matters of law that: 1. The Defendant, as a mere passenger in the 1989 Acura, claiming no ownership or possessory interest therein, had no legitimate expectation of privacy in the center console of the vehicle and, therefore, has no standing to assert any alleged illegality of the search thereof. 2. Nothwithstanding the foregoing, this Court proceeds to consider the legality of the search of the vehicle. In that regard, the search of the vehicle was performed after the officer observed the vehicle trying to run through the checkpoint, saw the occupants talking to each other, making eye contact and acting nervously, and observed a plastic baggie protruding from the back seat in plain view. Further, a pat
down of the Defendant had produced a concealed weapon. These circumstances gave the officer probable cause for a search of the vehicle 3. The searches of the Defendant’s person and the vehicle in which he was riding as a passenger were not in violation of the Defendant’s rights under the Constitution of the United States, the North Carolina Constitution or any of the North Carolina General Statutes. IT IS, THEREFORE, ORDERED that the Defendant’s Objection to the admission into evidence of the controlled substance seized from the vehicle, as well as the Defendant’s Objection to the testimony concerning such search, is hereby OVERRULED. The Defendant’s Motion to Suppress such evidence is DENIED. This the 11th day of January, 2001. _______________________________________ Superior Court Judge
Page 1: GRAND JURY QUESTIONNAIRE The presid
Page 4 and 5: That this selection was made throug
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Page 9 and 10: THERE ARE 2 DIFFERENT STATUTES THAT
Page 11 and 12: SUGGESTED PROCEDURE: A. Setting bon
Page 13 and 14: STATE OF NORTH CAROLINA County File
Page 25 and 26: Qualifications of Prospective Juror
Page 27 and 28: NOTICE TO ATTORNEYS CONCERNING JURY
Page 29 and 30: STATE OF NORTH CAROLINA COUNTY OF C
Page 31 and 32: BATSON CHECKLIST INFORMATION NEEDED
Page 33 and 34: SAMPLE BATSON ORDER NORTH CAROLINA
Page 35 and 36: 13. The Defendant then was offered
Page 37 and 38: NORTH CAROLINA GASTON COUNTY IN THE
Page 39: STATE OF NORTH CAROLINA LINCOLN COU
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Page 46 and 47: This the 22d day of July, 2004. ___
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Page 51: EXHIBIT LIST EXHIBIT # DESCRIPTION/
Page 54 and 55: 4. Urging jury to make an example o
Page 57 and 58: EXAMINATION OF MULTIPLE DEFENDANTS
Page 59: GENERAL RULES OF PRACTICE FOR THE S
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