Legal Opinion

State v. Hernandez

Court of Appeals of North Carolina

Decided May 17, 2005No. COA04-849PublishedCited by 37 opinions

1Opinion of the Court

WYNN, Judge.

A law enforcement officer who observes a traffic law violation has probable cause to detain the motorist, and the scope of that detention may be expanded where the officer has a reasonable suspicion, based on specific and articulable facts, that criminal activity is afoot. State v. McClendon, 350 N.C. 630, 636, 517 S.E.2d 128, 132 (1999); State v. Hamilton, 125 N.C. App. 396, 399-400, 481 S.E.2d 98, 100, disc. review denied, 345 N.C. 757, 485 S.E.2d 302 (1997). Here, Defendant Jose Manuel Hernandez, who pled guilty to trafficking in cocaine, contends that he was illegally seized…

2Cases cited28 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. State v. CookeSupreme Court of North Carolina · 1982
  3. State v. WatkinsSupreme Court of North Carolina · 1994
  4. State v. SteenSupreme Court of North Carolina · 2000
  5. State v. McClendonSupreme Court of North Carolina · 1999

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

3Cited by37 opinions

  1. State v. JacksonCourt of Appeals of North Carolina · 2009
  2. State v. MylesCourt of Appeals of North Carolina · 2008
  3. State v. Euceda-ValleCourt of Appeals of North Carolina · 2007
  4. State v. JohnsonCourt of Appeals of North Carolina · 2016
  5. State v. HudsonCourt of Appeals of North Carolina · 2010

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

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