State v. Kochuk

Because I believe controlling precedent determines that Trooper Ellerbe had reasonable suspicion, I respectfully dissent from the majority’s opinion and would reverse the trial court’s order granting Defendant’s motion to suppress and remand the case for trial.

This case is controlled by State v. Otto,_N.C._, 726 S.E.2d 824 (2012). In Otto, our Supreme Court focused on “ ‘the totality of the circumstances.’ ” Id. at_, 726 S.E.2d at 828 (quoting State v. Styles, 362 N.C. 412, 414, 665 S.E.2d 438, 440 (2008)). Prior to the case reaching our Supreme Court, this Court focused on its precedent…