Legal Opinion · Concurring in part, dissenting in part

State v. Stone

Court of Appeals of North Carolina

Decided September 5, 2006No. COA05-1418Published

1Concurring in part, dissenting in partSteelman, Judge

I concur with the first portion of the majority opinion affirming the trial court’s ruling as to the stop of the vehicle. However, I must respectfully dissent from the second part of the opinion with regard to the scope of defendant’s consent to Officer Correa’s search.

The two pertinent questions with respect to this issue are: (1) whether the search of defendant constituted a strip search, thus requiring specific consent; or (2) whether the search, if not a strip search, was objectively reasonable such that it did not exceed the defendant’s scope of consent.

*307Appellant does not argue that any…

2Cases cited17 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Florida v. JimenoSupreme Court of the United States · 1991
  4. Lisa Amaechi v. Matthew West, and Bernard R. Pfluger Town of DumfriesCourt of Appeals for the Fourth Circuit · 2001
  5. United States v. Walter George Strickland, Jr.Court of Appeals for the Eleventh Circuit · 1990

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