State v. Daniel

Supreme Court of North Carolina May 10, 2019

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 164A18

Filed 10 May 2019 STATE OF NORTH CAROLINA

v. DAVID WOODARD DANIEL

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. ___, 814 S.E.2d 618 (2018), reversing an order granting defendant’s motion to suppress entered on 8 June 2017 by Judge Patrice A. Hinnant in Superior Court, Wilkes County and remanding for further proceedings. Heard in the Supreme Court on 8 April 2019.

Joshua H. Stein, Attorney General, by Christopher W. Brooks, Special Deputy

Attorney General, for the State.

Vannoy, Colvard, Triplett & Vannoy, PLLC, by Jay Vannoy, for defendant-

appellant.

PER CURIAM.

AFFIRMED.

Reference

Status: Published
Syllabus: Appeal from trial court's order allowing defendant's motion to suppress evidence found after a traffic stop whether the trooper who detained defendant for speeding and then arrested him for DWI had probable cause to arrest defendant for DWI.