State v. Downey

Supreme Court of North Carolina March 2, 2018

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 85A17

Filed 2 March 2018 STATE OF NORTH CAROLINA

v. GLENWOOD EARL DOWNEY

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 796 S.E.2d 517 (2017), affirming an order denying defendant’s motion to suppress entered on 16 September 2015 by Judge Thomas H. Lock, and a judgment entered on 30 September 2015 by Judge Reuben F. Young, both in Superior Court, Johnston County. Heard in the Supreme Court on 7 February 2018.

Joshua H. Stein, Attorney General, by Derrick C. Mertz, Special Deputy

Attorney General, for the State.

Glenn Gerding, Appellate Defender, by Michele A. Goldman, Assistant

Appellate Defender, for defendant-appellant.

PER CURIAM.

AFFIRMED.

Reference

Status: Published
Syllabus: Appeal from trial court's denial of defendant's motion to suppress evidence found during a traffic stop whether the police officer unconstitutionally prolonged the stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States.