Legal Opinion

State v. Johnston

Court of Appeals of North Carolina

Decided August 2, 1994No. 9326SC967PublishedCited by 19 opinions

1Opinion of the Court

EAGLES, Judge.

Defendant brings forward one assignment of error. Assignments of error 2 and 3 are not brought forward on appeal and are deemed abandoned. N.C.R. App. P. Rule 28(b)(5).

Defendant contends that the trial court erred by denying his motion to suppress evidence pursuant to G.S. 15A-974. After careful review, we find no error.

In order to determine “whether a particular encounter constitutes a seizure, a court must consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free…

2Cases cited12 opinions

  1. Florida v. RoyerSupreme Court of the United States · 1983
  2. Florida v. BostickSupreme Court of the United States · 1991
  3. State v. CookeSupreme Court of North Carolina · 1982
  4. State v. SmithSupreme Court of North Carolina · 1971
  5. State v. FarmerSupreme Court of North Carolina · 1993

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. HernandezCourt of Appeals of North Carolina · 2005
  2. State v. JohnsonCourt of Appeals of North Carolina · 2016
  3. State v. McClendonCourt of Appeals of North Carolina · 1998
  4. State v. BattleCourt of Appeals of North Carolina · 2010
  5. State v. HaymondCourt of Appeals of North Carolina · 2010

14 more not listed; retrieve them via the Exa API.

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