State v. Parisi
State v. Parisi
Opinion
**639 The issue before the Court in this case is whether the trial courts properly determined that a motion to suppress filed by defendant Jeffrey Robert Parisi should be allowed on the grounds that the investigating officer lacked probable cause to place defendant under arrest for driving while impaired. After careful consideration of the record in light of the applicable law, we hold that the trial courts' findings of fact failed to support their legal conclusion that the investigating officer lacked the **640 probable cause needed to place defendant under arrest for impaired driving. As a result, we affirm the Court of Appeals' decision to reverse the trial courts' suppression orders and remand this case to the trial courts for further proceedings.
At approximately 11:30 p.m. on 1 April 2014, Officer Greg Anderson of the Wilkesboro Police Department was operating a checkpoint on Old 421 Road. At that time, Officer Anderson observed defendant drive up to the checkpoint and heard what he believed to be an argument among the vehicle's occupants. Upon approaching the driver's side window and shining his flashlight into the vehicle, Officer Anderson observed an open box of beer on the passenger's side floorboard. However, Officer Anderson did not observe any open container of alcohol in the vehicle. In addition, Officer Anderson detected an odor of alcohol and noticed that defendant's eyes were glassy and watery. At that point, Officer Anderson asked defendant to pull to the side of the road and step out of the vehicle. After defendant complied with this instruction, Officer Anderson confirmed that a moderate odor of alcohol emanated from defendant's person rather than from the interior of the vehicle. When Officer Anderson asked defendant if he had consumed any alcohol, defendant replied that he had drunk three beers earlier in the evening.
At that point, Officer Anderson requested that defendant submit to several field sobriety tests. First, Officer Anderson administered the horizontal gaze nystagmus test to *238 defendant. In the course of administering the horizontal gaze nystagmus test, Officer Anderson observed that defendant exhibited six clues indicating impairment. Secondly, Officer Anderson had defendant perform a walk and turn test, during which defendant was required to take nine heel-to-toe steps down a line, turn around, and take nine similar steps in the opposite direction. In performing the walk and turn test, defendant missed the fourth and fifth steps while walking in the first direction and the third and fourth steps while returning. In Officer Anderson's view, these missed steps, taken collectively, constituted an additional clue indicating impairment. Finally, Officer Anderson administered the one leg stand test to defendant. As defendant performed this test, Officer Anderson noticed that he used his arms for balance and swayed, which Officer Anderson treated as tantamount to two clues indicating impairment. At that point, Officer Anderson formed an opinion that defendant had consumed a sufficient amount of alcohol to appreciably impair his mental and physical faculties.
Subsequently, Officer Anderson issued a citation charging defendant with driving while subject to an impairing substance in violation of N.C.G.S. § 20-138.1. The charge against defendant came on for trial **641 before Judge Robert J. Crumpton at the 17 June 2015 criminal session of the District Court, Wilkes County. Prior to trial, defendant made a motion to suppress the evidence obtained as a result of his arrest on the grounds that Officer Anderson lacked the necessary probable cause to take him into custody. On 23 September 2015, Judge Crumpton entered a Preliminary Order of Dismissal in which he determined that defendant's suppression motion should be granted. 1 On 23 September 2015, the State noted an appeal from Judge Crumpton's preliminary order to the Superior Court, Wilkes County.
The State's appeal came on for hearing before Judge Michael D. Duncan at the 9 November 2015 criminal session of the Superior Court, Wilkes County. On 13 January 2016, Judge Duncan entered an Order Granting Motion to Suppress and Motion to Dismiss 2 in which he granted defendant's suppression motion and ordered that the charge that had been lodged against defendant be dismissed. On 11 March 2016, Judge Crumpton entered a Final Order Granting Motion to Suppress and Motion to Dismiss in which he granted defendant's motion to suppress the evidence obtained as a result of his arrest and ordered "that the charge against [d]efendant be dismissed." On the same date, the State noted an appeal from Judge Crumpton's final order to the Superior Court, Wilkes County. On 6 April 2016, Judge Duncan entered an Order of Dismissal Affirmation affirming Judge Crumpton's "final order suppressing the arrest of the defendant and dismissing the charge of driving while impaired." The State noted an appeal to the Court of Appeals from Judge Duncan's order affirming Judge Crumpton's final order granting defendant's suppression motion and dismissing the driving while impaired charge that had been lodged against defendant.
In seeking relief from the orders entered by Judge Crumpton and Judge Duncan before the Court of Appeals, the State argued that the trial courts had erred by finding that Officer Anderson lacked probable cause to arrest defendant for driving while impaired and ordering that the driving while impaired charge that had been lodged against defendant be dismissed. On 7 February 2017, the Court of Appeals filed an opinion dismissing the State's appeal from Judge Crumpton's order granting defendant's suppression motion on the grounds that the State
**642
had no right to appeal the final order granting defendant's suppression motion, vacating the trial court orders requiring that the driving while impaired charge that had been lodged against defendant be dismissed, and remanding this case to the Superior Court for further remand to the District Court for further
*239
proceedings.
State v. Parisi
,
On 28 July 2017, the State filed a petition requesting the Court of Appeals to issue a writ of certiorari authorizing review of Judge Duncan's Order Granting Motion to Suppress and Motion to Dismiss and Judge Crumpton's Final Order Granting Motion to Suppress and Motion to Dismiss.
State v. Parisi
,
In a divided opinion reversing the trial courts' orders and remanding this case to the trial courts for further proceedings, the Court of Appeals majority determined that the facts at issue in this case resembled those at issue in
State v. Townsend
,
In dissenting from the Court of Appeals' decision, Judge Robert N. Hunter, Jr., expressed the belief that the uncontested facts supported the legal conclusion that Officer Anderson lacked the probable cause necessary to support his decision to place defendant under arrest.
In seeking to persuade us to overturn the Court of Appeals' decision, defendant begins by asserting that the Court of Appeals had erroneously "reweighed the evidence" instead of "determining whether the competent, unchallenged factual findings supported the trial courts' legal conclusions." According to defendant, the Court of Appeals' "misapplication of the standard of review" led it to reach a different conclusion than the trial courts despite the fact that "the trial courts' competent factual findings supported their legal conclusions" and even though "there was no identified error of law committed by the trial courts in reaching
**644
their conclusions." According to defendant, this Court's decision in
State v. Nicholson
establishes that "the
de novo
portion of an appellate court's review of an order granting or denying a motion to suppress relates to the assessment of whether the trial court's factual findings support its legal conclusions and whether the trial court employed the correct legal standard," citing
State v. Nicholson
,
In addition, defendant contends that the Court of Appeals erroneously relied upon
Atkins
,
Moreover, defendant claims that the Court of Appeals erred by overturning the trial courts' "unchallenged and supported factual determination" concerning whether defendant's performance during the administration of the field sobriety tests indicated impairment. In defendant's view, "[t]he trial courts implicitly found that [defendant's] imperfect but passing performance on the field sobriety tests alone did not indicate impairment," effectively rejecting Officer Anderson's testimony to the contrary. In support of this assertion, defendant relies upon our decision in
State v. Bartlett
,
Expert opinion testimony is evidence, and the two expert opinions in this case differed from one another on a fact that is essential to the probable cause determination-defendant's apparent degree of impairment. Thus, a finding of fact, whether written or oral, was required to resolve this conflict.
Id. at 312,
In defendant's view, the trial courts both determined that
[t]he fact[s] and circumstances known to [Officer] Anderson as a result of his observations and testing of [d]efendant are insufficient, under the totality of the circumstances, to form an opinion in the mind of a reasonable and prudent man/officer that there was probable cause to believe [d]efendant had committed the offense of driving while impaired. 3
After acknowledging that the trial courts had labeled their respective assessments of Officer Anderson's testimony as conclusions of law rather than as findings of fact, defendant contends that these conclusions were, "in effect," factual findings "and should be treated accordingly," citing
State ex rel. Utilities Comm. v. Eddleman,
Furthermore, defendant contends that the Court of Appeals erred by referencing Officer Anderson's testimony that defendant "demonstrated six 'clues' indicating impairment" in light of the fact that neither trial court made a finding concerning the number of clues indicating impairment that Officer Anderson observed in their findings of fact. In defendant's view, the Court of Appeals "adopted without question [Officer] Anderson's testimony about the number and significance of [Horizontal Gaze Nystagmus] clues," erroneously "engaging in its own fact finding," and "rejecting the trial courts' unchallenged and amply supported factual findings as to whether [defendant] appeared appreciably impaired."
Finally, defendant contends that "[t]he trial courts' unchallenged and supported findings amply supported the courts' legal conclusion that [Officer] Anderson lacked probable cause to arrest [defendant] for driving while impaired." In support of this contention, defendant points to the trial courts' findings that defendant was steady on his feet, cooperative, respectful, able to listen, able to follow instructions and answer questions, and exhibited no signs of bad driving or slurred speech. According to defendant, his own "slightly imperfect, but passing performance on the walk-and-turn and one-leg-stand field sobriety tests," in conjunction with the clues indicating impairment that Officer Anderson had noted while administering the horizontal gaze nystagmus test, provided the only evidence of defendant's impairment. According to defendant, this "minimal evidence" of impairment, when compared to the "substantial evidence" contained in the record tending to show that defendant was not impaired, establishes that the State had failed to show that the challenged suppression orders were not supported by the trial courts' "competent and unchallenged factual findings."
Defendant notes that "[p]robable cause for an arrest has been defined to be a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to
*242
warrant a cautious man in believing the accused to be guilty," quoting
State v. Streeter
,
In urging us to uphold the Court of Appeals' decision in this case, the State argues that the Court of Appeals' determination that the probable cause necessary to support defendant's arrest was present in this case did not rest solely upon the trial courts' findings that Officer Anderson detected an odor of alcohol emanating from defendant. Instead, the State contends that the Court of Appeals' decision rested upon findings of fact about
[d]efendant driving the vehicle, a disturbance inside the vehicle as it approached the checkpoint, an odor of alcohol coming from the vehicle, an open box of alcoholic beverages in the vehicle, a moderate odor of alcohol coming from defendant's person, an admission by defendant of drinking three [ ] beers previously in the evening, defendant missing steps on the walk and turn test, defendant swaying and using his arms for balance on the one leg stand test and Officer Anderson observing multiple additional clues of impairment during the Horizontal Gaze Nystagmus test.
Although the State acknowledges that this Court has held that an odor of alcohol, "standing alone, is not evidence that [a driver] is under the influence of an intoxicant," citing
Atkins
,
The State contends that the Court of Appeals properly applied this Court's decisions in
Atkins
and
Hewitt
in conducting a
de novo
review of the trial courts' conclusions of law. In the State's view, the Court of Appeals' reliance upon
Townsend
was appropriate given that, "in this case[,] there existed almost all of the same facts and circumstances that the Court of Appeals found sufficient to support a finding of probable cause in
Townsend
," citing
Townsend
,
The State challenges the validity of defendant's assertion that the trial courts failed to find Officer Anderson's testimony credible. According to the State, the trial courts' findings of fact were "completely consistent with Officer Anderson's testimony and observations." For that reason, the State contends that the Court of Appeals correctly held that the trial courts' uncontested findings of fact failed to support their legal conclusion that Officer Anderson lacked probable cause to arrest defendant for impaired driving.
Finally, the State argues that the Court of Appeals applied the correct standard of review in overturning the trial courts' orders. Instead of utilizing a sufficiency of the evidence standard, the State asserts that the Court of Appeals "expressly cited the correct standard of review in its opinion." According to the State, the Court of Appeals properly cited Atkins and Hewitt in determining whether the trial courts' legal conclusions were both supported by the findings of fact and legally correct. The State argues that, in conducting de novo review, an appellate court must analyze a trial court's probable cause determination in light of the totality of the circumstances and that determining whether the trial court had applied the proper legal principles to the relevant facts would **649 be impossible if appellate courts were precluded from considering all of the circumstances upon which the trial court relied in coming to its legal conclusion. For that reason, the State contends that the Court of Appeals correctly analyzed the validity of the trial courts' probable cause determination using a de novo standard of review that considered the totality of the circumstances reflected in the trial courts' findings of fact. As a result, the State urges this Court to affirm the Court of Appeals' decision.
As we have stated on many occasions, this Court reviews a trial court's order granting or denying a defendant's suppression motion by determining "whether the trial court's 'underlying findings of fact are supported by competent evidence ... and whether those factual findings in turn support the [trial court's] ultimate conclusions of law.' "
State v. Bullock
,
As the parties agree, the ultimate issue raised by defendant's suppression motion is whether Officer Anderson had probable cause to place defendant under arrest for driving while subject to an impairing substance in violation of N.C.G.S. § 20-38.1. Section 20-138.1 provides, in pertinent part, that "[a] person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State ... [w]hile under the influence of an impairing substance." N.C.G.S. § 20-138.1(a)(1). "[A] person is under
**650
the influence of intoxicating liquor or narcotic drugs, within the meaning and intent of the statute, when he has drunk a sufficient quantity of intoxicating beverages
*244
or taken a sufficient amount of narcotic drugs to cause him to lose the normal control of his bodily or mental faculties, or both, to such an extent that there is an appreciable impairment of either or both of those faculties."
State v. Carroll
,
"The fact that a motorist has been drinking, when considered in connection with faulty driving such as following an irregular course on the highway or other conduct indicating an impairment of physical or mental faculties, is sufficient
prima facie
to show [the offense of impaired driving]."
Hewitt
,
In his preliminary order, Judge Crumpton found as fact that
1. Defendant was driving a motor vehicle in Wilkesboro on April 1, 2014, when he *245 entered a checking station being worked by Wilkesboro Police Department.
2. [Officer] Anderson approached the driver after he entered the checkpoint.
3. [Officer] Anderson did not observe any unlawful or bad driving by the defendant.
4. [Officer] Anderson asked to see [d]efendant's driver's license and [d]efendant provided the license to him.
5. [Officer] Anderson noticed [d]efendant's eyes appeared glassy.
6. [Officer] Anderson noticed an open container of alcohol in the passenger area of the motor vehicle.
7. [Officer] Anderson asked [d]efendant to exit the vehicle, which [d]efendant did.
**652 8. [Officer] Anderson inquired if [d]efendant had anything to drink, and [d]efendant stated that he had drunk three beers earlier in the evening.
9. [Officer] Anderson administered the walk-and-turn field sobriety test.
10. Defendant missed one step on the way down and one step on the way back while performing the test.
11. [Officer] Anderson administered the one-leg stand field sobriety test.
12. Defendant swayed and used his arms for balance during the performance of the test.
13. [Officer] Anderson did not observe any other indicators of impairment during his encounter with [d]efendant, including any evidence from [d]efendant's speech.
14. [Officer] Anderson formed the opinion that [d]efendant has consumed a sufficient amount of impairing substance so as to appreciably impair [d]efendant's physical and/or mental faculties.
15. [Officer] Anderson formed the opinion that the impairing substance was alcohol.
16. [Officer] Anderson placed [d]efendant under arrest.
After making many of the same factual findings, Judge Duncan made a number of additional findings on appeal that were included in Judge Crumpton's final order, including the fact that Officer Anderson observed a "disturbance" between the defendant and other occupants of the vehicle as he approached it; that, although Officer Anderson noticed an open box of alcoholic beverages in the passenger-side floorboard, he did not observe any open containers of alcoholic beverages in the vehicle; that Officer Anderson observed an odor of alcohol emanating from the vehicle and a moderate odor of alcohol emanating from defendant's person; that defendant's eyes appeared to be red; and that Officer Anderson found clues indicating impairment while administering the horizontal gaze nystagmus test.
Although the findings of fact made in the trial courts' orders have adequate evidentiary support, they do not support the trial courts' conclusions that Officer Anderson lacked the probable cause needed to
**653
justify defendant's arrest. As the Court of Appeals correctly noted, the trial courts' findings reflect that "Officer Anderson was presented with the odor of alcohol, defendant's own admission of drinking, and multiple indicators on field sobriety tests demonstrating impairment."
Parisi
, 817 S.E.2d at 230-31. In view of the unchallenged findings that defendant had been driving, that defendant admitted having consumed three beers, that defendant's eyes were red and glassy, that a moderate odor of alcohol emanated from defendant's person, and that defendant exhibited multiple indicia of impairment while performing various sobriety tests, we have no hesitation in concluding that the Court of Appeals correctly determined that the trial courts' findings established that Officer Anderson had probable cause to arrest defendant for impaired driving.
See
State v. Harris
,
In seeking to persuade us to reach a different result, defendant argues that the Court of Appeals' decision to reverse the trial courts' suppression orders relied upon the erroneous use of a "non-deferential sufficiency test," with this contention resting upon the majority's statement, in the introductory portion of its opinion, that, "[w]here the State presented sufficient evidence that a law enforcement officer had probable cause to stop
*246
defendant, the trial court erred in granting defendant's motion to suppress the stop."
Parisi
, 817 S.E.2d at 229. Although the language upon which defendant relies in support of this contention could have been more artfully drafted, we do not believe that it enunciates the standard of review that the Court of Appeals utilized in reviewing the State's challenge to the trial courts' suppression orders. On the contrary, the Court Appeals correctly stated the applicable standard of review at the very beginning,
Parisi
, 817 S.E.2d at 230 (stating that "[o]ur 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' " (quoting
Cooke
,
In addition, defendant argues that the Court of Appeals misapplied the applicable standard of review as well. In defendant's view, the trial courts "implicitly found" that defendant was not appreciably impaired and that this "unchallenged and supported factual determination" should be deemed binding for purposes of appellate review, citing
Bartlett
,
As we understand it, defendant's argument rests upon the assumption that the trial courts implicitly found that defendant's mental and physical faculties were not appreciably impaired and a contention that this implicit finding is binding upon the appellate courts in the event that it has sufficient evidentiary support. To be sure, this Court has held that "only a material conflict in the evidence-one that potentially affects the outcome of the suppression motion-must be resolved by explicit factual findings that show the basis for the trial court's ruling,"
Bartlett
,
First, and perhaps most importantly, the record evidence in this case was not, at least in our opinion, in conflict in the manner contemplated by the Court in the decisions cited in the preceding paragraph. Instead, as we have already noted, the evidence contained in the present record, which consisted of testimony from Officer Anderson concerning his observations of defendant's condition and his performance on certain field sobriety tests, showed that defendant had a moderate odor of alcohol about his person, that defendant's eyes were red and glassy, that defendant had admitted having consumed three beers earlier that evening, and that defendant exhibited a number of clues indicating **655 impairment while performing the walk-and-turn test, one-leg stand test, and the horizontal *247 gaze nystagmus test. 4 As we have already noted, these facts, all of which are reflected in the trial courts' findings, establish, as a matter of law, that defendant had consumed alcohol on the evening in question and that his faculties were appreciably impaired, albeit not completely obliterated, on the evening in question. As a result, rather than having made an implicit factual finding that defendant was not appreciably impaired, the trial courts made explicit findings of fact establishing that the appreciable impairment needed to support defendant's arrest in this case did, in fact, exist before incorrectly concluding as a matter of law that no probable cause for defendant's arrest existed.
Secondly, this Court has clearly stated that "[f]indings of fact are statements of what happened in space and time,"
State ex rel. Utilities Comm'n v. Eddleman
,
According to defendant, we are precluded from reaching exactly this result by our decision in
Bartlett
,
**656
Defendant's argument, however, rests upon a misreading of that decision. To be sure, we held in
Bartlett
that a material evidentiary conflict "must be resolved by explicit factual findings that show the basis for the trial court's ruling."
Bartlett
,
Thus, for the reasons set forth above, we hold that the unchallenged facts found by the trial courts, including those relating to defendant's *248 red and glassy eyes, the presence of a moderate odor of alcohol emanating from defendant's person, defendant's admission to having consumed three beers prior to driving, and defendant's performance on the field sobriety tests that were administered to him by Officer Anderson suffice, as a matter of law, to support Officer Anderson's decision to place defendant under arrest for impaired driving. As a result, we affirm the decision of the Court of Appeals.
AFFIRMED.
Judge Crumpton's preliminary order did not dismiss the driving while impaired charge that had been lodged against defendant.
Judge Duncan "[g]rant[ed defendant's m]otion to [s]uppress and [m]otion to [d]ismiss" even though defendant had never moved that the case be dismissed and even though Judge Crumpton did not order that the driving while impaired charge that had been lodged against defendant be dismissed.
This language, which appears in the District Court's 23 September 2015 "Preliminary Order of Dismissal," is virtually identical to the corresponding language in the Superior Court's 13 January 2016 order.
Interestingly, the trial courts, in finding that Officer Anderson had not "observe[d] any other indicators of impairment" aside from these sobriety test results, essentially acknowledged that these test results constituted "indications of impairment."
Reference
- Full Case Name
- STATE of North Carolina v. Jeffrey Robert PARISI
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- Appeal from district and superior court orders granting defendant's motions to suppress and dismissing a charge of driving while impaired whether the Court of Appeals majority erred by (1) concluding that police had probable cause to arrest and charge defendant with driving while impaired and (2) reversing and remanding the lower courts' orders to the contrary.