State v. Weaver

Elmore, Judge.

On 20 April 2012, Frederick Lloyd Weaver, Jr. (defendant) was arrested in New Hanover County and charged with driving while impaired (DWI) and carrying a concealed weapon. He was found guilty of DWI in New Hanover County District Court and appealed his conviction to New Hanover County Superior Court. Defendant filed a pre-trial motion to suppress, which was heard on 23 January 2013 and granted by the trial court.

The State now appeals and raises as error the trial court’s conclusion that an armed security guard was an agent of the State. After careful consideration, we reverse…