State v. Adkerson, 8717SC860
| Decision Date | 31 May 1988 |
| Docket Number | No. 8717SC860,8717SC860 |
| Citation | 368 S.E.2d 434,90 N.C.App. 333 |
| Parties | STATE of North Carolina v. Boyd William ADKERSON, Jr. and Earl Ray Eanes. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. David M. Parker, Raleigh, for the State.
A. Wayne Harrison, Greensboro, for defendants-appellants.
Defendants Adkerson and Eanes were charged in indictments proper in form with possession of a controlled substance. Both filed motions to suppress certain evidence; the motions were denied after a hearing. Subsequently, under a plea arrangement with the State, each defendant pled guilty to misdemeanor possession of a controlled substance. From the judgments sentencing each defendant to a minimum and maximum two-year suspended term, each defendant appeals. We affirm.
At the Suppression Hearing on this matter, the State's evidence showed that on 11 October 1986, at approximately 2:00 a.m., State Trooper Ron Robles was traveling west on Highway 158 in Rockingham County when he met a 1976 Buick traveling east. As he approached the vehicle, he noticed that its headlights were darting back and forth as if it were weaving. Trooper Robles testified that he turned around to monitor the car's progress and noticed that within a quarter of a mile it weaved back and forth in its lane five or six times and ran off the right side of the road once. As a result of these observations, Trooper Robles stopped the vehicle.
In the car were the driver, defendant Boyd William Adkerson, Adkerson's son, defendant Earl Ray Eanes, and Eanes' wife. Trooper Robles testified that Adkerson was "in a daze," that his "eyes were extremely red," and that he had "a moderate odor of alcohol about his breath." After Adkerson got out of the car, Trooper Robles stated that he "just stared around and moved sort of slowly," and in his opinion, Adkerson "was not normal." As a result of Adkerson's driving and behavior and because in Trooper Robles' opinion defendant "had consumed some type of impairing substance to the extent that it had appreciably impaired both his mental and physical faculties," Trooper Robles arrested Adkerson for driving while impaired.
After arresting Adkerson, Robles escorted him to his patrol car and conducted a pat-down search incident to arrest. In the process, Robles removed a three-inch plastic straw from Adkerson's pocket. Inside the straw was a white powdery substance which Robles concluded to be, and which was later verified as being, cocaine.
After placing Adkerson in the patrol car, Robles returned to Adkerson's car where he saw, in plain view, a small cloth bag on the driver's seat. He opened the bag and inside found nine marijuana cigarettes. In completing his search of the vehicle, Trooper Robles noticed that Eanes, who was seated directly behind the driver's seat, had his feet placed on a jacket and a brown paper bag on the floor of the car. Trooper Robles asked Eanes to get out of the car so that he could inspect the jacket and bag. Trooper Robles testified that he felt he would place himself in a vulnerable position if he leaned over into the car with Eanes standing behind him. He decided to conduct a pat-down search of Eanes for weapons before searching the back seat of the car. When he asked Eanes to place his hands on top of the car so that he could frisk him, Eanes reached part way up and then turned around and struck Trooper Robles with the back side of his arm. Eanes then "lunged his hand into his right front pocket." Trooper Robles grabbed his arm, handcuffed him, and placed him under arrest. Trooper Robles proceeded to conduct a search incident to that arrest and discovered in Eanes' right front pocket a knife and a small plastic container. Inside the container, Trooper Robles found a white powdery substance which was later verified as being cocaine.
Ira Tillery, an officer with the Madison Police Department who was riding with Trooper Robles at the time of the stop, testified in corroboration of Trooper Robles' testimony.
Defendants' sole witness was Pamela Eanes, wife of defendant Eanes. She testified that there was nothing wrong with the way Adkerson drove that night and that his car did not go off the road.
On 30 April 1987, the trial judge entered an order denying defendants' Motions to Suppress. On 28 May 1987, under plea arrangements with the State, defendant Adkerson pled guilty to misdemeanor possession of marijuana, misdemeanor possession of cocaine, and misdemeanor possession of drug paraphernalia; and defendant Eanes pled guilty to misdemeanor possession of cocaine. Both defendants were sentenced to a minimum and maximum two-year term, which sentences were suspended. From the denial of their motions to suppress and the entry of judgments against them, defendants appeal pursuant to N.C.Gen.Stat. § 15A-979.
Defendant Adkerson first argues that the initial stop of his vehicle was in violation of the Fourth Amendment to the United States Constitution. We disagree.
"The Fourth Amendment applies to seizures of the person including brief investigatory stops such as the stop of the vehicle here." United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 694-95, 66 L.Ed.2d 621, 628 (1981). "An investigatory stop must be justified by some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity." Id. at 417, 101 S.Ct. at 695, 66 L.Ed.2d at 628. This objective manifestation must be based on the totality of the circumstances--the whole picture must be taken into account. Id. at 417, 101 S.Ct. at 695, 66 L.Ed.2d at 629.
In the case at bar, the totality of the circumstances justified Trooper Robles' decision to make an investigatory stop of defendant's vehicle. Trooper Robles first noticed that the headlights of defendant Adkerson's car were darting back and forth as he approached it. He turned around and followed the car for about a quarter of a mile and within that distance the car weaved back and forth in its lane five or six times and ran off the side of the road once. These observations were enough to create a reasonable suspicion that the vehicle was being driven by someone impaired. Therefore, we hold that the stop of Adkerson's vehicle did not violate his Fourth Amendment rights.
Defendant Adkerson next argues that his arrest and the search of him and his car also violated his Fourth Amendment rights. We disagree.
"To be lawful, a warrantless arrest must be supported by probable cause." State v. Zuniga, 312 N.C. 251, 259, 322 S.E.2d 140, 145 (1984). " 'Probable cause for an arrest has been defined to be a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty....' " Id. This requires less than " 'evidence which would justify ...' conviction." Id. at 261, 322 S.E.2d at 146. In determining if probable cause exists, one must examine the particular facts and circumstances of each case. Id.
In this case, we hold there was sufficient evidence to support Trooper Robles' belief in good faith, that defendant was guilty of driving while...
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