Legal Opinion

State v. Aubin

Court of Appeals of North Carolina

Decided November 20, 1990No. 9012SC8PublishedCited by 20 opinions

1Opinion of the Court

WELLS, Judge.

Defendant brings forward 19 assignments of error from the trial court’s order challenging the court’s findings and conclusions regarding the initial stop of defendant and resulting questioning, the purported consent, and the scope of the search. We find no error.

We first address the initial stop. An officer’s stop of a car to investigate a potential traffic offense does not require probable cause, but it is governed by the reasonableness standards of the Fourth Amendment. State v. Jones, 96 N.C. App. 389, 386 S.E.2d 217 (1989). This Court set out the guidelines for such stops in…

2Cases cited9 opinions

  1. State v. FincherSupreme Court of North Carolina · 1983
  2. State v. BelkSupreme Court of North Carolina · 1966
  3. State v. JonesCourt of Appeals of North Carolina · 1989
  4. State v. MoroccoCourt of Appeals of North Carolina · 1990
  5. State v. RichardsonSupreme Court of North Carolina · 1986

4 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. OttoSupreme Court of North Carolina · 2012
  2. State v. McArnCourt of Appeals of North Carolina · 2003
  3. State v. HernandezCourt of Appeals of North Carolina · 2005
  4. State v. PeeleCourt of Appeals of North Carolina · 2009
  5. Freeman v. CommonwealthCourt of Appeals of Virginia · 1995

15 more not listed; retrieve them via the Exa API.

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