State v. Osterhoudt

HUNTER, Robert C., Judge.

The State appeals from a 14 March 2011 order entered by Judge W. Russell Duke, Jr. in Pitt County Superior Court affirming the district court’s pretrial indication that granted defendant Donald Osterhoudt’s (“defendant’s”) motion to suppress the stop of defendant (“motion to suppress”).1 The State asserts the following errors on appeal: (1) the superior court’s finding of fact that defendant’s car “never crossed over the middle halfway point of Fifth Street[]” was not supported by the evidence; (2) the superior court’s conclusion of law that it is permissible for a…