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Article posted Feb 21 2014, 12:03 PM Category: Tyranny/Police State Source: TheNewspaper Print

North Carolina Appeals Court Upholds Traffic Stop Without An Offense

North Carolina court adopts for the first time the right of police to pull over a car by claiming concern.

For the first time, police in North Carolina are allowed to turn on their lights and siren to pull over any motorist, even when they have done nothing wrong. In a ruling last month, the North Carolina Court of Appeals for the first time in the state created a "community caretaking" exception to the Fourth Amendment. It was used to convict Audra Lindsey Smathers.

On May 27, 2010, Smathers had been driving her red Corvette down Highway 280 when Transylvania Sheriff's Deputy Brian Kreigsman pulled in behind her. She was driving at the 45 MPH speed limit, and the deputy noted nothing suspicious or illegal. Suddenly, a large dog ran in front of the Corvette. She hit the dog, which caused the car to bounce.

The deputy turned on his blue lights to pull her over to see if she was "okay." She eventually stopped, and when the deputy came up to the window, Smathers was crying, upset that she had hit a dog. The deputy smelled alcohol, so he had Smathers perform sobriety tests, which she failed. A breath test estimated her blood alcohol concentration at 0.18, and she was arrested for driving under the influence of alcohol (DUI).

Smathers challenged her conviction, arguing the initial traffic stop violated the Fourth Amendment because she was seized even though the deputy had no reason to believe that she had done anything wrong. Prosecutors conceded that there was no reasonable articulable suspicion of criminal activity before the stop, but they insisted that seizing her was legitimate in the circumstances. The problem for the prosecution was the state has never recognized a "community caretaking" exception for anything other than the impounding of abandoned vehicles. The three-judge panel reviewed the response of other states to this issue.

"As these courts have demonstrated, there are countless situations where government intrusion into individual privacy for the purposes of rendering aid is reasonable, regardless of whether criminal activity is afoot," Judge Robert C. Hunter wrote for the court. "We find the analysis utilized by these courts persuasive, and we can identify no reason why the community caretaking exception should not apply in North Carolina... Thus, we now formally recognize the community caretaking exception as a means of establishing the reasonableness of a search or seizure under the Fourth Amendment."

The appellate judges balanced the interest in having police officers lend assistance was greater than the right of individuals to be free from government intrusion. An officer need only claim concern to effect a seizure without warrant or cause, even if that concern is merely a pretext to stop and investigate on a hunch.

"However, we agree with the proposition espoused by many courts that this exception should be applied narrowly and carefully to mitigate the risk of abuse," Judge Hunter wrote.

The appellate panel upheld the conviction. A copy of the decision is available in a PDF file at the source link below.

Source: North Carolina v. Smathers (Court of Appeals, State of North Carolina, 1/21/2014)





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Comments 1 - 6 of 6 Add Comment Page 1 of 1
Anonymous

Posted: Feb 22 2014, 1:34 AM

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98161 How is this "...without an offense"? She failed to pull over after hitting an animal.

If she wasn't driving while intoxicated the cop would have left her alone after checking on her health and well being.

The headline makes it seem like the cop pulled over a random person and gave he/she a ticket.

She was driving drunk. Period.
Anonymous

Posted: Feb 22 2014, 8:01 AM

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6697 Well. continuing to drive after hitting a animal is not any kind of offense. It's not a person. As she was able to continue on her way there was no offense of any type and apparently the driver was just fine.

The cop just pulled her over to check on her health and well being. I don't want cops arbitrarily checking on my health and well being. If a cop did that to me I'd have to say something to him about wasting my time.

Peter

Posted: Feb 22 2014, 8:46 AM

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8750 "there was no offense of any type"

Except that she was drunk as a skunk ...
Golden Dawn

Posted: Feb 22 2014, 4:43 PM

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17444 This is the police who we can't trust and of course the usual targeting alcohol so they can steal a vehicle. We don't even know if the breathalyzer is accurate because we can't trust them either. Please community caretaking police only exist to steal your money and violate your rights.
Anonymous

Posted: Feb 22 2014, 7:38 PM

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216137 how can the officer smell alcohol? my chemical handbook states that ethanol is ordorless.
Anonymous

Posted: Feb 23 2014, 7:04 AM

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6697 "there was no offense of any type"

Except that she was drunk as a skunk ...

Well, the cop didn't know that until he pulled her over. The cop didn't pull her over for any offense that he witnessed or had any reasonable suspicion that she had committed.

Comments 1 - 6 of 6 Page 1 of 1


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