State v. Hargett

TYSON, Judge.

I. Facts

On 31 May 2000, at approximately 12:45 a.m., Officer Robert Garrison (“Garrison”), with the New Bern Police Department, stopped Ernest G. Hargett (“defendant”) on a warrant for defendant’s arrest in an unrelated matter. Defendant held a translucent plastic bag in his hand. Garrison searched the bag incident to the arrest. The bag contained 27 butane lighters and 11 bottles of cologne.

During the stop, Garrison asked defendant what he was doing with the items in the plastic bag. Defendant replied “making money.” Garrison had not placed defendant under arrest nor given…