State v. Eldridge
State v. Eldridge
Opinion
*493 Antwon Leerandall Eldridge ("Defendant") appeals from his convictions for trafficking in cocaine by transportation and trafficking in cocaine by possession. On appeal, Defendant argues that the trial court erred in denying his motion to suppress evidence discovered during the stop of his vehicle because the stop was based on an officer's mistake of law that was not objectively reasonable. After careful review, we reverse the trial court's order denying Defendant's motion to suppress.
Factual Background
On 12 June 2014, Deputy Aaron Billings of the Watauga County Sheriff's Office was traveling northbound on U.S. Highway 421 while talking on the phone to his supervisor, *741 Lieutenant Brandon Greer. As he was driving, Deputy Billings noticed a white Ford Crown Victoria *494 driving without an exterior mirror on the driver's side of the vehicle. The vehicle was registered in Tennessee.
Deputy Billings was aware that North Carolina law generally requires vehicles to be equipped with exterior mirrors on the driver's side. He asked Lieutenant Greer to confirm that the applicable statute did, in fact, require the presence of an exterior mirror on the driver's side of a vehicle, and Lieutenant Greer responded that Deputy Billings was correct. Neither Deputy Billings nor Lieutenant Greer was aware that this statutory requirement-which is codified in
Deputy Billings approached the vehicle and found Defendant in the driver's seat. Defendant consented to a search of the car, and officers later found 73 grams of crack cocaine and 12 grams of marijuana inside the vehicle. Defendant was arrested and subsequently admitted his awareness of the presence of the drugs in the vehicle.
On 2 February 2015, Defendant was indicted for trafficking in cocaine by transportation, trafficking in cocaine by possession, and possession with intent to manufacture, sell, or deliver cocaine. Defendant filed a motion to suppress evidence obtained during the 12 June 2014 traffic stop, and a hearing was held on 4 June 2015 in Watauga County Superior Court before the Honorable Eric Morgan.
At the hearing, Deputy Billings testified that at the time of the stop he genuinely believed that the statutory provision requiring exterior mirrors applied to Defendant's vehicle. However, he conceded that he had since learned that the statute was not actually applicable because the Crown Victoria was not registered in North Carolina. Lieutenant Greer similarly testified that he had been unaware on the date at issue that the statutory requirement applied only to vehicles registered in North Carolina.
On 5 June 2015, the trial court entered an order denying Defendant's motion to suppress, which contained the following findings of fact:
1. Deputy Aaron Billings is a seven and a half year veteran of the Watauga County Sheriff's Department.
2. Deputy Billings was in uniform and on patrol at 10:42 PM on June 12, 2014.
*495 3. Deputy Billings encountered the Defendant's vehicle on U.S. Highway 421 in Watauga County. U.S. Highway 421 is a public roadway.
4. Prior to stopping the Defendant, Deputy Billings noticed there was no exterior mirror on the driver's side of the vehicle. Upon closer examination, Deputy Billings noticed there was also no exterior mirror on the passenger side of the vehicle.
5. The Defendant's vehicle was registered in the State of Tennessee.
6. Deputy Billings had a reasonable and good faith belief that the condition of the Defendant's vehicle violated N.C.G.S. § 20-126(b).
7. Other subsections of N.C.G.S. § 20-126, which regulates mirrors on vehicles, do not require a vehicle to be registered in North Carolina to apply. For example, N.C.G.S. § 20-126(a) requires rearview mirrors in vehicles, but does not include a requirement that the vehicle be registered in North Carolina. In addition, N.C.G.S. § 20-126(c) requires rearview mirrors on motorcycles, but does not include a requirement that the vehicle be registered in North Carolina.
8. Lieutenant Brandon Greer also testified. Lieutenant Greer has twelve years of law enforcement experience and was Deputy Billings['s] supervisor on June 12, 2014.
9. Lieutenant Greer testified that Deputy Billings contacted Lieutenant Greer prior to conducting the traffic stop of the Defendant.
10. Lieutenant Greer informed Deputy Billings that he believed the absence of exterior mirrors on the Defendant's vehicle violated N.C.G.S. § 20-126(b).
*742 Based on these findings of fact, the trial court made the following conclusions of law:
1. Deputy Billings stopped the Defendant based on an objectively reasonable mistake of law that N.C.G.S. § 20-126(b) applied to the Defendant's vehicle even though it was registered in Tennessee and not North Carolina.
*496 This was a reasonable and good faith, but mistaken understanding of the scope of the legal prohibition of N.C.G.S. § 20-126(b).
2. The purpose of N.C.G.S. § 20-126(b) is to ensure the safety of motor vehicles and their drivers on North Carolina roads. This purpose would not lead an officer to believe that N.C.G.S. § 20-126(b) applies only to vehicles registered in North Carolina.
3. Deputy Billings's traffic stop of the Defendant for violating N.C.G.S. § 20-126(b) was a reasonable mistake of law within the meaning of Heien v. North Carolina [ --- U.S. ----],135 S.Ct. 530 [190 L.Ed.2d 475 ] (2014), and Deputy Billings had a reasonable suspicion that justified the traffic stop of the Defendant.
On 3 August 2015, Defendant entered an Alford plea to trafficking in cocaine by transportation and trafficking in cocaine by possession but preserved his right to appeal the denial of his motion to suppress. The trial court sentenced Defendant to 35 to 51 months imprisonment. Defendant gave oral notice of appeal in open court. 1
Analysis
Defendant's sole argument on appeal is that the trial court erred in concluding that Deputy Billings's decision to stop Defendant's vehicle was based on a reasonable mistake of law and therefore constituted sufficient grounds for the traffic stop. The State concedes error on this point, and we agree that the stop was unlawful.
Our review of a trial court's denial of a motion to suppress is "strictly limited to determining whether the trial judge's underlying findings of fact are supported by competent evidence, in which event they are conclusively binding on appeal, and whether those factual findings in turn support the judge's ultimate conclusions of law."
State v. Cooke
,
*497
"[A]n officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable suspicion that criminal activity is afoot."
Illinois v. Wardlow
,
Under North Carolina law,
(b) It shall be unlawful for any person to operate upon the highways of this State any vehicle manufactured, assembled or first sold on or after January 1, 1966 and registered in this State unless such vehicle is equipped with at least one outside mirror mounted on the driver's side of the vehicle. Mirrors herein required shall be of a type approved by the Commissioner.
*743
The key question in this appeal is whether Deputy Billings's genuine-but mistaken-belief that
*498
On appeal, this Court held that the denial of the motion to suppress had been improper, ruling that the statute at issue merely required vehicles to have at least one working brake light, which the defendant's vehicle clearly did.
The United States Supreme Court upheld the validity of the traffic stop, holding that an officer's "mistake of law can ... give rise to the reasonable suspicion necessary to uphold [a] seizure under the Fourth Amendment."
In analyzing the applicable North Carolina statute regulating brake lights, the Court had "little difficulty concluding that the officer's error of law was reasonable."
Although the North Carolina statute at issue refers to "a stop lamp," suggesting the need for only a single working brake light, it also provides that "[t]he stop lamp may be incorporated into a unit with one or more other rear lamps."N.C. Gen. Stat. Ann. § 20-129 (g) (emphasis added). The use of "other" suggests to the everyday reader of English that a "stop lamp" is a type of "rear lamp." And another subsection of the same provision requires that vehicles "have all originally equipped rear lamps or the equivalent in good working order," § 20-129(d), arguably indicating that if a vehicle has multiple "stop lamp[s]," all must be functional.
*499
The present appeal provides this Court with its first opportunity to apply
Heien
. We are guided in this endeavor by decisions from a number of courts in other jurisdictions that have interpreted
Heien
in analogous contexts. These cases establish that in order for an officer's mistake of law while enforcing a statute to be objectively reasonable, the statute at issue must be ambiguous.
See, e.g.
,
United States v. Stanbridge
,
Moreover, some courts applying
Heien
have further required that there be an absence of settled caselaw interpreting the statute at issue in order for the officer's mistake of law to be deemed objectively reasonable.
See, e.g.
,
United States v. Alvarado-Zarza
,
Unlike the statutory language at issue in
Heien
, the text of
Because we conclude that Deputy Billings's mistake of law was not objectively reasonable under the standard set out in
Heien
, no reasonable suspicion existed to support the stop of Defendant's vehicle. Therefore, the trial court erred in denying Defendant's motion to suppress.
See
State v. Cottrell
,
Conclusion
For the reasons stated above, the trial court erred in denying Defendant's motion to suppress. Accordingly, we reverse the trial court's 5 June 2015 order and remand for entry of an order vacating Defendant's guilty plea.
REVERSED AND REMANDED.
Judges CALABRIA and TYSON concur.
Defendant has filed a petition for certiorari asking this Court to consider his appeal despite any "technical defect" in his notice of appeal. However, because it appears from the record that Defendant's notice of appeal was properly given, we deny the petition for certiorari as moot.
Reference
- Full Case Name
- STATE of North Carolina v. Antwon Leerandall ELDRIDGE
- Cited By
- 10 cases
- Status
- Published