State v. Foy

STEELMAN, Judge.

Where defendant consented to an officer entering his truck, and a concealed weapon was thereby discovered, it was not unreasonable for the officers to search the truck for additional offense-related contraband under the second exception to Arizona v. Gant, 556 U.S. -, 173 L. Ed. 2d 485 (2009).

I. Factual and Procedural Background

At approximately 3:15 a.m. on 3 April 2009, Sergeant Rob Miller (“Miller”), of the Wrightsville Beach Police Department, observed a pickup truck operated by Richard Foy (“defendant”) travel across the fog line and swerve inside its lane. Miller stopped…