State v. Johnson

JOHN, Judge.

Defendant appeals the trial court’s denial of his motion to suppress evidence seized pursuant to a search of his motor vehicle. Defendant argues, inter alia; the search was unconstitutional because it exceeded the reasonable scope of any valid consent and therefore constituted a warrantless search without probable cause. We agree.

On 13 August 2003, Detective Steven Ray Lovin (Lovin) of the Robeson County Sheriffs Department stopped defendant’s Plymouth Voyager van because the license plate was partially obscured. Detaining defendant in his patrol vehicle, Lovin wrote a warning…