State v. Joe

The State of North Carolina seeks review of the unanimous Court of Appeals decision affirming the trial court’s dismissal of all charges against defendant. Defendant was charged with resisting a public officer, felony possession of cocaine with intent to sell or deliver, and attaining habitual felon status. Defendant filed both a motion to dismiss the resisting charge and a motion to suppress all evidence seized during the search incident to arrest. At a pretrial evidentiary hearing on the motions, the trial court granted both of defendant’s motions, thus dismissing the charge of resisting a…