Legal Opinion

State v. Mitchell

Supreme Court of North Carolina

Decided February 6, 2004No. 655PA02PublishedCited by 35 opinions

1Opinion of the Court

ORR, Justice.

On 6 February 2000, defendant David Eric Mitchell was arrested and charged with driving while impaired in violation of N.C.G.S. § 20-138.1. Defendant was found guilty of the offense in District Court, Gaston County. He appealed to Superior Court and, on 17 September 2001, filed a pre-trial motion to suppress on the ground that his stop and arrest following his failure to stop at a driver’s license checkpoint violated the Fourth and Fourteenth Amendments of the United States Constitution. The Superior Court granted defendant’s motion to suppress defendant’s stop and arrest,…

2Cases cited9 opinions

  1. Delaware v. ProuseSupreme Court of the United States · 1979
  2. Illinois v. WardlowSupreme Court of the United States · 2000
  3. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  4. City of Indianapolis v. EdmondSupreme Court of the United States · 2000
  5. United States v. OrtizSupreme Court of the United States · 1975

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3Cited by35 opinions

  1. State v. HernandezCourt of Appeals of North Carolina · 2005
  2. United States v. Tomonta SimmonsCourt of Appeals for the Fourth Circuit · 2019
  3. State v. VeazeyCourt of Appeals of North Carolina · 2008
  4. State v. CrouseCourt of Appeals of North Carolina · 2005
  5. Johnson v. City of FayettevilleDistrict Court, E.D. North Carolina · 2015

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

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