Legal Opinion

State v. Neal

Court of Appeals of North Carolina

Decided May 6, 2008No. COA07-1145Published

1Opinion of the Court

WYNN, Judge.

To determine whether the scope of a defendant’s consent to a search includes the removal of clothing, we apply the standard of “ ‘objective’ reasonableness — what would the typical reasonable person have understood by the exchange between the officer and the suspect?” 1 Here, we conclude that the interactions between Defendant Crystal Elaine Neal and the police officers in question would have led a reasonable person to believe that the police would be conducting a strip search of Defendant. Because Defendant consented to the search and did not withdraw that consent, we affirm the…

2Cases cited4 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Florida v. JimenoSupreme Court of the United States · 1991
  3. State v. StoneSupreme Court of North Carolina · 2007
  4. State v. JohnsonCourt of Appeals of North Carolina · 2006

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