State v. Fisher

HUNTER, Robert C., Judge.

The State appeals from the trial court’s 3 February 2011 order granting defendant Darien Fisher’s motion to suppress the search of his vehicle. After careful review, we reverse and remand.

Background

On 9 February 2010, Sergeant Mike Cox, a drug investigator with the Wayne County Police Department, was driving an unmarked police car on Highway 70 West when he observed defendant driving without wearing his seatbelt. According to Sergeant Cox, defendant was driving in a “pack of traffic” traveling approximately 70 miles per hour. Defendant “was very diligent in his…