Legal Opinion
State v. Smith
Court of Appeals of North Carolina
Decided August 7, 2012No. COA11-1335PublishedCited by 8 opinions
1Opinion of the Court
STEELMAN, Judge.
A drug dog’s positive alert at the front side driver’s door of a motor vehicle does not give rise to probable cause to conduct a warrantless search of the person of a recent passenger.
I. Factual and Procedural History
On 11 September 2010 at 11:02 p.m., Corporal M.S. McDonald (Officer McDonald) of the Winston-Salem Police Department heard loud music emanating from a 1972 Chevrolet automobile in a gas station parking lot. Officer McDonald observed three persons standing outside the vehicle. The driver, Mr. Leach (Leach), stood at the rear of the vehicle, pumping gas, while…
2Cases cited24 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- United States v. PlaceSupreme Court of the United States · 1983
- Ybarra v. IllinoisSupreme Court of the United States · 1980
- Illinois v. CaballesSupreme Court of the United States · 2005
- United States v. Di ReSupreme Court of the United States · 1948
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. MalundaCourt of Appeals of North Carolina · 2013
- State v. JacksonCourt of Appeals of North Carolina · 2014
- State v. LoweCourt of Appeals of North Carolina · 2015
- Will Thomas v. State of IndianaIndiana Court of Appeals · 2016
- State of Iowa v. Yale StevensSupreme Court of Iowa · 2022
3 more not listed; retrieve them via the Exa API.