State v. Brown

McCullough, Judge.

Brandon Jason Brown (“defendant”) appeals from the denial of his motion to suppress evidence of his alleged impairment. For the reasons discussed herein, we agree with defendant and reverse.

I. Background

On the night of 6 November 2009, around 9:00 or 10:00 p.m., two black males entered a Dollar General Store located on Highway 64 East in Henderson County, fired shots, robbed the store, and fled on foot. In response to the armed robbery, Sergeant Lowell Griffin (“Sgt. Griffin”) of the Henderson County Sheriffs Department continued to survey the Edneyville area surrounding the…